civus
Hearing video

ZBA Hearing - July 16, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 16, 20242h 16m

requirement above the regulatory flood elevation of 12 foot 1 inches, which equates to a little

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over 50 feet in height. The variance thought is therefore 24 feet, 4 inches in scope, in magnitude.

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And we will go into that closely for you as I go through the exhibits. Here is a massing and site

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context. You can see the proposed development in the context of Main Street. Remember, just beyond

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the property is a separate surface parking lot and a variety of uses. Also, immediately across

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from the property, the property owner lends their support, which we'll show later. But let's talk

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about height limit. This must be taken into considerable context with a growing awareness

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concerning responsible development in the flood-prone areas.

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Engineer Clayton Smith of Taylor Wiseman & Taylor

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has provided guidance to SGA architects

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in the proposed building design,

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including dry floodproofing at the first floor,

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elimination of underground parking,

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best practices such as these actually speak

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to raising up the living spaces out of the zone of danger,

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making structure higher so that it can better withstand flood weather events.

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Here you can see, in addition, that the economics of these investments in advanced technology

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speak to what is the minimum variance necessary to allow a project to come out of the ground

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which has not been able to get out of the ground for all of these years.

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And although we understand that there are differences with each project in the area,

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you can see surrounding the subject property several other projects that have moved forward

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at what I think can reasonably be described as a similar scope and scale.

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Pardon me as I move back to the notice of refusal just to go over the last refusal, which is the waterfront setback.

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A 50-foot setback is required.

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So let's put that into context here with this plan before you.

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Such a setback, and you can see the 50-foot waterfront setback and the red line.

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And this is the entire property around here. Such a setback would effectively amount to a taking, rendering the subject property essentially useless.

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Longstanding principles of law recognize that a property owner has a fundamental right to a reasonable use of his or her property.

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This is not self-imposed hardship. This is the sort of case that zoning attorneys really find so fascinating because this is a burdened property.

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However, the proposed plans demonstrate the reasonableness of the pending proposal.

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The site is 59,312 square feet.

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Without variance relief, only 22% of the total site could be used.

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The variance process that we are seeking that this board approve allows the board the opportunity to ensure that the developer is taking appropriate safeguards to reasonably make use of his property with the minimum variance necessary.

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Stated differently, what I'm suggesting, Mr. Chairman and members of the board, is that this waterfront setback variance appropriately is bringing development proposals to the board to carefully review what is appropriate to allow a property to be used while meeting the intent of the

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to allow a property to be used while meeting the intent of the provision.

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So in this case, speaking to minimum variance necessary,

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we ask for permission, as I've highlighted, to use 44% of the site,

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not 50, 60, 70, 80, et cetera, et cetera, 44% of the site

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when the strictures of the code without review would only allow 22%.

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We take flood preparedness and flood resiliency really seriously.

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Under the direction of flood resiliency expert Clayton Smith,

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these are just a few of the extra steps being taken to meet and exceed best practices for development on the waterfront.

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Some have said, what safeguards are in place? How do we know that you're going to do this? You should have everything in place right now.

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We are committed in all reasonable ways to make this happen. It doesn't make sense for us at this point in time, July 16th, when approvals are pending, to have every temporary parking area set up, etc.

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We are making a commitment to do it and it's in our best interest. Furthermore, as you'll see in the plans, Michael is planning on moving his headquarters to this site to be an on-site presence, which really means a lot in terms of being available, being the face of this project, taking responsibility.

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In partnership with a phenomenal design team, Michael Al-Haddad has proposed, albeit at great expense, the project budget is estimated at $45 million, a first-class reimagining of this block.

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The zoning plans are before you.

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I know it's a little difficult to see.

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When we get into floor plans, I think we'll have some better images to take a look at.

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But here you have two structures.

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one here on the right one on the left courtyard getting through for public and for residents

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and you can see the parking spaces proposed 46 proposed 29 required under the zoning code

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here's another image of site plan and here are elevations showing that open courtyard

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between the buildings. There are skywalks above the open courtyard to connect the two buildings

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to make them function as one, which is a really nice feature. And here is a cross-section of the

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buildings. The residence breakdown is proposed for 59 one-bedroom homes, 56 two-bedroom homes,

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So about equal. And the ground floor, as I mentioned, not residential, entirely dry, flood proofed.

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Moving to the proposed floor plans, and this better shows really the site plan as well.

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The ground floor consists of residential lobby entrances, parking, a little bit of parking for Michael's offices, and loading.

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You can see the courtyard access off of Main Street through to the river and office space to reactivate Main Street in a way that certainly the parking lots has not been able to do.

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here are floor plans showing the residential living floors raised up out of uh the floodplain

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and the skywalks that i mentioned in yellow to connect the two buildings

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also the rooftop is being used to amenitize the experience to have another way to enjoy

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Scenic Main Street one direction and Schuylkill River in another direction for residential use.

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Above, in the lower left-hand corner, above parking is a non-occupiable green roof.

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Brian Haynes has designed landscaping for flood resiliency and durability along both the riverfront and Main Street.

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you can see the plantings along Main Street and you get a better sense here

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And you get a better sense here through the concrete unit pavers of what it would be like to walk out here.

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through the concrete unit pavers of what it

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Once again, whether or not the city and other authorities are able or are not able to establish a river walk, there at least will be one in front of the property for all to enjoy and for which the developer will take responsibility.

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And here, before we get to Drs. Cohen and Angelides, and a little bit more on the record,

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I apologize that this is a lengthy one, I wanted to go through four conceptual renderings.

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What you'll see with these renderings is really placemaking transformation,

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tying into the hopeful walking trail.

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So, here you see a view from Main Street towards the river, the activation at the riverfront,

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and here Main Street, where this particular section of Main Street really is not the best

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that Maniunk and Main Street offers, and this brings something good back to that.

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At this point in time, I'd like to ask that Dr. William J. Cohen please raise his virtual hand

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to briefly go through highlights of the report that has been submitted to the Zoning Board of

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Adjustment. Dr. Cohen, would you please raise your virtual hand?

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William Cohen has been allowed to speak.

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Dr. Cohen, could you please state your name and spell for the stenographer?

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Yes, my name is William J. Cohen, W-I-L-L-I-A-M, C-O-H-E-N.

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Swear or affirm to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Please proceed, counsel.

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Thank you.

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Good morning, Dr. Cohen.

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Thank you for being present.

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As you and I had discussed, I have your brief PowerPoint in front of me.

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If you would please give an overview of the highlights of your findings to the board,

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and I would be happy to advance your slides as you move along.

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Very good. I was asked to do a...

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Excuse me. This is Hillary. One minute.

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Can we promote Dr. Cohen to a panelist so that he can turn on his video?

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Thank you.

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Thank you, Ms. Emerson.

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I know he put on a necktie for this event.

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Yeah, yeah.

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Let me see what I have here.

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Am I on now?

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No.

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Yeah.

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No.

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Thank you for bearing with us while we figure out this technical issue.

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he should be coming in now as a panelist thank you very much

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i don't know why uh

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you're not able to turn on your video dr cohen hi mr laver i'm trying

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start my video oh there you are there you are okay excellent please proceed dr cohen am i okay now

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Can you see me? All right. Yeah, we can. Okay, great. Okay, let me start. I was asked to look

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at this project, the site, and evaluate it from a planning, a land use planning and zoning analysis

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perspective. So let me just summarize the report that I presented to Mr. Labor and, and the

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principles of the firm that did the work. I think it's important to get a general perspective

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of the growth pattern that Maniang has faced historically. So we have a strong industrial

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past that greatly shaped this community, and we have a mixed use present that depicts a diversity

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of land use functions and activities.

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And I think anyone who's visited Manion

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and I think anyone who's visited Manion or lives in Manion certainly understands and appreciates

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or lives in Manion certainly

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that. So I think really a proposed development at 3900 Main Street should be considered a view of

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three criteria. First, historical development patterns. Second, established planning policies

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of the city of philadelphia and then finally current land use demands

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so the overview of the proposed land use uh mr labor covered it much more comprehensively uh

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i think the the important thing here is that we're talking about a proposed

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development to convert vacant land to a socially and economically viable land use

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Next slide.

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Site plan, you've already seen that, so we can move on.

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What I did was I looked at the government and neighborhood council reviews of the project, beginning, of course, with refusal by the Department of Licenses and Inspection.

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And as you know, the three reasons the project was denied and the basis for applying for the variances is that we need dwelling units allowed, no dwelling units are allowed in an industrial district, a height requirement, and the setback requirement, which Mr. Labor has covered rather extensively, so I don't need to go over that.

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But what I called out of the government reviews is that the Civic Design Review Committee, when it issued its report at its review, incorporated comments and recommendations from both its professional staff and the Manionk Neighborhood Council.

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And what we can see is that there are three categories of concerns that were identified.

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Essentially, flooding issues, parking in a flood-prone area, and urban design components.

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Next slide, please.

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So let's begin by just providing a basis for the historical development patterns in Manion.

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The strong industrial base, as most people are aware, was the foundation for what has become Manny Oaks development pattern that persisted in the late 18th and early 19th centuries.

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That industrial pattern, of course, has changed. Industrial activity subsided, and many of those unused structures were either demolished or their individual sites were redeveloped for non-industrial use.

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Here are some historically based images of the area, which I've really found to be quite

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interesting.

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In red, go back to the other one, Mr. Laver, please.

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This is the general location of the project site, and as we know, in 1907, we still had

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a pretty strong industrial base in the community.

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Next slide, please.

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a picture of the industrial

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factories if you will that prevailed a property map showing the location of the project

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and finally the existing site as it looks today

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looking at the comprehensive and district planning that the city promotes that affects

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or impacts this project uh there are three plans that uh that i think are important to be aware of

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the philadelphia 2035 plan the lower northwest district plan which includes manionk of course

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and the Wissahawken Gateway, which is a plan in progress to create a mixed-use area emphasizing

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new commercial and residential opportunities, as well as transportation services and recreational

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trails. And I think it's important to be aware that we're in a different age than we were before.

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things have changed. And in order to stay relevant to the change, we need to be, I think,

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cognizant of new development opportunities. What I did was I developed what I'm calling a land use

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planning compatibility index. And I think this really probably is the real key focus of my

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analysis. What I did was, and if you'll permit the next slide, Mr. Laver, please.

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What I did was, and if you'll permit the next slide, Mr. Laver, please, I summarized the planning parameter from the Philadelphia 2035 Comprehensive Plan.

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And then I made a judgment as to does the project meet the parameter and then summarize the characteristics to justify my assessment of whether the project in fact meets the parameter.

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So, first planning parameter. Again, these are summary statements from the comprehensive plan. The industrial legacy can provide a strong environment for a diverse mix of activities. Does the project meet that parameter? I think it does.

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It's a mixed use development in two separate buildings with five floors of residential

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use and limited office use.

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Next slide, please.

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Next planning parameter is described in the comprehensive plan dealing with underutilized

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land, which the plan says is ideal for redevelopment.

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Empty lots are locations ripe for change.

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Does the project meet the parameter? I think it does.

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It fulfills the objective to redevelop underutilized and vacant land.

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Next slide, please.

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Economic development recognizes the opportunity to redevelop industrial legacy areas with creative land use mixes.

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Does the project meet that? Yes, I think it does.

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It's consistent with the direction to achieve new economic development opportunities.

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Next slide, please. Land management is another planning parameter indicated in the comprehensive plan. To use vacant land within floodplains to create trail networks. Does the project meet the parameter? I think it does.

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there's an allocation that has been provided in the plan to establish a public use trail

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it would serve as a connection to a future river walk extension next slide please land suitability

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is to protect sensitive lands from overdevelopment riverfronts and streams are main concern to be

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protected now i responded to that by saying yes and no and here is a summary of the project

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characteristics that i think justifies that response the floodplain is clearly a sensitive area

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however this parameter is more directed in my opinion to addressing development potential on

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green fields green fields are described generally as land that is not developed with buildings

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in non-urban areas in built up areas such as we have here right now in mania the challenge remains

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to incorporate a flood mitigation element the project includes that that very element

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with a flood evacuation plan and some of the points that Mr. Labor has already

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presented to the board. Public realm. This is dealing with amenities that create a sense of

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place and a quality of life. Does the project meet that parameter? I believe it does because

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the project includes several components that are specifically dedicated for public use and

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enjoyment, including outdoor public areas and seating, public access through the site to the

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riverfront, and public bicycle parking repair stations. So that's my, oh, there's one more.

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The Lower Northwest District Plan recommends intensive mixed-use development along Lower

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main street does the project meet the parameter it's in the designated area so clearly it does

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so i think in an overall summary perspective the planning policies that are established by the city

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through its planning mechanism really provide a foundation for understanding how this site can be

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redeveloped. I then did a zoning analysis that directed the approach to look at the three

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variances that are being requested to be granted. Use, height, and setback. Mr. Lehrer has already

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presented a fairly in-depth discussion about this, so let me just...

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presented a fairly in-depth discussion about this.

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So let me just go through this rather quickly.

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There are two perspectives that are relevant in addressing requested zoning variances.

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First, the reality of an existing hardship that was not created by the current property owner.

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And that really is the foundation for the Board of Adjustment's justification in granting a variance.

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The configuration of this project site is locked in between Main Street and the Schuylkill River.

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The historical development pattern in this part of Manionk had been intensively developed for industrial activity.

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