civus
Hearing video

ZBA Hearing - August 14, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 14, 20242h 43m

agreed have emailed in all the required documents and exhibits that's needed to

Similar wording

Agreed.

Similar wording

Have you emailed in all the required documents and exhibits that's needed to proceed?

Similar wording

proceed with this case five days in advance of this hearing yes we have thank you council

Similar wording

please proceed and share your screen uh may i ask that the board promote crystal bordoni

Similar wording

callie who's also an attorney here at the firm to share her screen for the exhibit and other

Similar wording

materials sure and you're going to do the testimony correct yes okay thank you thank you

Similar wording

yes i'm sorry um that person would need to raise their hand okay they have been promoted to panelists

Similar wording

hi good afternoon it's crystal bordoni kelly here you're just you're just going to put the

Similar wording

screens up am i correct correct that's correct thank you why don't you start thank you

Similar wording

all right mr poindexter thank you thank you crystal all right as stated i'm fredger poindexter

Similar wording

behalf of Saul Ewing and Tony Ford as applicant representing the Delaware River Waterfront

Similar wording

Corporation. And just a bit about the client, it's a quasi-governmental corporation organized

Similar wording

by the City of Philadelphia for the benefit of its citizens as stewards of the Central

Similar wording

Delaware River Waterfront. I am joined today by the President of the Delaware River Waterfront

Similar wording

Corporation, Joe Forkin, and I would ask that he also be promoted to speak later in this testimony

Similar wording

as well as Debbie Ferraro of Pannoni Associates, who was the prime engineer on the project.

Similar wording

And I ask that she be promoted as well to speak later on this testimony.

Similar wording

Before you on the screen are the materials that we presented to the zoning board last week.

Similar wording

And just for a brief overview, I'll run through the binder so that we have an understanding of what's represented here.

Similar wording

And I'd also like to ask that the full slate of materials be entered into the record for this hearing.

Similar wording

yes sir thank you and as you'll see we provided an overview of the site in terms of the client's

Similar wording

control of the site of the tax clearance certificate and information related to the

Similar wording

project and photographs of the property as it is now as required by the zoning code further we have

Similar wording

the zoning background and context which provided the original application materials that were

Similar wording

available to us, the notice of referral, as referred to earlier, our appeal application,

Similar wording

the temporary zoning use permit that we have for the site, and letters to and from the RCO regarding

Similar wording

the special exception, including the letter of non-opposition from CDAC. Further, we have the

Similar wording

project plans and drawings, which include the original site plan elevations provided to the

Similar wording

Department of License and Inspections, as well as the landscape plans and elevations provided to

Similar wording

L&I during the zoning permit application. And lastly, we have both the special exception

Similar wording

criteria information covered by the traffic signal design report conducted by Pannoni and

Similar wording

Associates in conjunction with PennDOT, as well as our list of witnesses today for the testimony,

Similar wording

which include, as I stated, Joe Forkin and Debbie Ferraro. And we also included a presentation to

Similar wording

walk through the changes that we are undertaking at the site which crystal will share and will explain

Similar wording

all right and just before we have mr joe fork and speak on the chain on the project i'd like to just

Similar wording

introduce that we are here to discuss the special exception for cmx4 lots for changes to surface

Similar wording

accessory parking areas and mr joe fork and if he's available to speak now can provide a brief

Similar wording

overview of the larger project that this uh surface lot change is uh under undertaking

Similar wording

joe are you available i i believe i am can everyone hear me yeah mr fork and state your

Similar wording

name and spell for the court stenographer uh it's joe fork and last name f-o-r-k-i-n

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed, counsel.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Thank you, board.

Similar wording

Good afternoon for having me.

Similar wording

My name is Joe Fork, and I'm the president of the Delaware River Waterfront Corporation.

Similar wording

As Fred was saying earlier for you today, I just want to provide some context before

Similar wording

Fred and Debbie get into the specifics and technicalities of the special exception we're

Similar wording

asking for.

Similar wording

So what we're asking is part of this, what we call large cap and civic space.

Similar wording

What we're asking is part of this, what we call a large cap and civic space project, 12 acres on the waterfront, a nearly $500 million project to reconnect the central Delaware to the core of the city of Philadelphia.

Similar wording

What you see before you is a site plan of what that park and space will look like when it's completed.

Similar wording

it. It runs basically from Walnut Street to Chestnut Street and from Front Street down to

Similar wording

the river, impacting the parcels at Market Street that you'll hear about later in the parking there

Similar wording

and the underlying CMX4 zoning. And then the other parcel, I don't know if we have an image of that,

Similar wording

but it's the extension of the South Street Bridge from where it currently lands on the west side of

Similar wording

Columbus Boulevard. We're going to draw that over to the east side of Columbus Boulevard to land

Similar wording

right in front of the Chart House site, and that bridge landing will disrupt or reconfigure some

Similar wording

of the parking that's associated with the Chart House restaurant and the Lombard Street parking

Similar wording

lot right now. So that's the context to provide here. It's all part of this Big Penn's Landing

Similar wording

project, and because of the boundaries of the construction and the improvements and amenities

Similar wording

to be constructed here, it impacts some of the parking that is currently on the waterfront.

Similar wording

Thank you. Thank you, Joe. Crystal, could you go to slide 7?

Similar wording

Thank you. And as Joe touched on, the project involves changes to the surface parking lots

Similar wording

at the Chart House restaurant near the South Street Pedestrian Bridge to create space for

Similar wording

the landing of that bridge there and changes near the River Rink surface lot as well. And

Similar wording

And you can see that on this map here, those areas are highlighted.

Similar wording

Next slide, Crystal.

Similar wording

So as you can see, the current conditions at the Chart House parking lot are 103 regular

Similar wording

parking spaces with no ADA spaces and very minimal landscaping.

Similar wording

And with the changes planned through the special exception, next slide, you'll see that there

Similar wording

is now the landing of the South Street Pedestrian Bridge with additional landscaping as well

Similar wording

as a reduction in parking spaces to 46 regular spaces and three ADA spaces. So a net gain

Similar wording

or net loss, sorry, of 54 spaces, but a gain of three ADA spaces here in the chart house parking

Similar wording

lot. Next slide. And the next area in question is the river rink area where there are currently

Similar wording

230 striped spaces and six ADA spaces near the river rink. And there are approximately 60

Similar wording

the un-striped spaces just north of that, adjacent to Columbus Boulevard.

Similar wording

And with the changes that we are undertaking there, the parking lot adjacent to Columbus

Similar wording

Boulevard will result in 176 regular striped spaces.

Similar wording

And the river rink, as you can see, has been modified and moved to the more northern side

Similar wording

of the pier.

Similar wording

And the lot there will have 87 regular spaces and six ADA spaces.

Similar wording

So in total, between the two lots, we're looking at a reduction in parking of 81 spaces, a gain of 388 spaces in the tri-house parking lot, and no loss of 88 spaces in the River Rink parking lot.

Similar wording

And we believe specifically with the change and the reduction of parking is wholly consistent with the criteria under the special exception criteria, also consistent with the city's comprehensive plan and DRWC's master plan for the waterfront to reduce surface parking lot areas on the waterfront and create more public recreational space.

Similar wording

And to speak more to the special exception criteria, I'd like to ask that Debbie Ferraro join as a panelist if she's available to speak.

Similar wording

Debbie Ferraro, please raise your virtual hand.

Similar wording

They have been allowed to speak.

Similar wording

Could you please state your name and spell for the stenographer?

Similar wording

Yes. Hi. Can you all hear me?

Similar wording

I just want to check the audio. It's Debbie Ferraro. Official name is Deborah, D-E-B-R-A-F-E-R-R-A-R-O.

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed, counsel.

Similar wording

Thank you. Ms. Ferraro, I'd like to ask a few questions regarding the special exception criteria, and you are free to respond once prompted.

Similar wording

So in your professional opinion, as an engineer responsible for the planning and execution of this project, will the changes contemplated under this special exception, one, overcrowd the land, endanger public health or safety, or burden the water, sewer, or other public facilities in the neighborhood?

Similar wording

or burden the water sewer or other public facilities in the neighborhood?

Similar wording

The changes to the surface loss we do not anticipate would overcrowd the land,

Similar wording

endanger public health or safety, or impact water sewer or other public facilities in the area.

Similar wording

Thank you and next would you expect these changes to impair or injure the use of or restrict the

Similar wording

supply of light and air to adjacent properties to this subject property?

Similar wording

The changes to the surface loss would not impact light and air to adjacent properties.

Similar wording

Thank you. And lastly, with respect to impacts on congestion in the streets or transportation systems,

Similar wording

would you expect these changes to cause any issues with respect to those factors?

Similar wording

And when providing your answer, please provide insight into the expansive traffic study that was conducted by Pannoni and PENDOC, exploring the details of the changes.

Similar wording

Okay.

Similar wording

The changes to the surface lots result in a decrease in parking spaces, which is associated with actually a reduction in congestion.

Similar wording

But for the record, we did submit a traffic impact study, which is conservative in the sense that it includes an assessment of traffic conditions with full build out of the Penn's landing site.

Similar wording

And it was prepared for the Penn's landing project. And it includes a 20 year design period, which, again, is more conservative than required by code.

Similar wording

but it's what we used as the design period for the project and includes an anticipated background

Similar wording

traffic growth on Columbus. And again, those were based on DVRPC's projections from their traffic

Similar wording

travel demand model, but it also includes full build out of the site for removing spaces for

Similar wording

the CAP project, potential 800 space parking garage at Market Street and a potential 400

Similar wording

parking spaces within Marina Basin. And, you know, the results, you know, of the traffic

Similar wording

modeling show good service levels and operating conditions at the intersections along Columbus

Similar wording

and throughout the study area. And I guess I just want to say that that report was submitted

Similar wording

several iterations of the report to the streets department and, you know, as part of final

Similar wording

design, preliminary and final design of the CAP project. So that, you know, that study has been

Similar wording

coordinated with the streets department who's also uh you know reviewed all the design materials

Similar wording

for that cap project so just to give you a little background on what we submitted but again um for

Similar wording

this proposal it's a reduction in parking spaces which is associated with reduction in traffic

Similar wording

volumes and congestion thank you debbie okay uh mr chair that concludes our testimony for today

Similar wording

okay questions on the board

Similar wording

questions or comments from our attorney

Similar wording

just briefly Mr. Poindexter the refusal notes that this is a temporary relocation

Similar wording

of the rink. Could you explain that? It's unusual to see for things to come before us that are

Similar wording

temporary at the outset. Right. And I'll answer that in brief, and I'll ask Mr. Forkin to address

Similar wording

it in depth afterward. But yes, as you'll see entered into the record, it's as part of our

Similar wording

exhibits. It's a temporary use permit provided by the Department of License and Inspections.

Similar wording

So the river rink is being moved or has been moved to the other side of this area to facilitate both the changes to the parking and the anticipated construction of the CAP and the CAP Park project.

Similar wording

So temporary zoning relief was granted by L&I to facilitate the changes so that construction and changes will remain on schedule.

Similar wording

And if there's any further insight to provide to that, Joe, please, please do fill me in.

Similar wording

Sure. Can I can everyone still hear me? Yes. Go ahead, Joe. Yeah. So thanks for the question. It's a wonderful question. So ultimately, the rink will be located on top of the new cap that's going to be constructed as part of the Penn's Landing project.

Similar wording

But we didn't want to take that amenity away from the community in the interim period during construction. So it is temporarily relocated, as Fred said, to the northern portion of the Market Street lot and site.

Similar wording

ultimately this site a seven acre site adjacent to the cap project will be a private development

Similar wording

site those plans are not yet yet yet complete or done or under construction in any way so

Similar wording

at some point in the future that will turn into a private development site but

Similar wording

in the interim the community benefit of the rink and the winter fest and summer fest sites

Similar wording

in the interim um the community benefit of the rink and the winterfest and summerfest

Similar wording

sites will remain on that site mr poindexter why don't you go back to the original

Similar wording

slide you had that showed the cap show the wrinkle in the cap

Similar wording

thank you i think the first one you showed the whole project i think the rings were in the cap

Similar wording

yep right the ring's sitting on the cap almost right am i right yeah so if you look at it mr

Similar wording

chairman there there's a pavilion building that straddles the cap area and just to the north of

Similar wording

that will be a festival site in the summer for festivals and then the winter rink in the winter

Similar wording

time will be located on that site thank you so just just to clarify so this application is

Similar wording

to extend that prior temporary permit because it looked like the the current temporary permit you

Similar wording

have to the current permit you have to temporarily relocate the rink was only through the end of this

Similar wording

year this application is to approve the reduction in surface parking so okay okay all right so they

Similar wording

didn't need because it says it mentions the uh the rink piece already so that's where it was

Similar wording

confusing. Thank you. Thank you. Questions or comments from the virtual audience?

Similar wording

I see no hands. Thank you, Chairman, and good afternoon. David Fecta with the City Planning

Similar wording

Commission. Chairman and board members, the comprehensive plan recommends no change to the

Similar wording

commercial mixed-use zoning at this location. The appellant has shown that the proposed

Similar wording

accessory parking lot and parking area will have no detrimental impacts to the neighborhood

Similar wording

beyond what might be expected the city planning commission recommends that the

Similar wording

board grant a special exception for an accessory parking lot and accessory parking thank you

Similar wording

that's one question what's what's the time frame

Similar wording

i'm i'm sorry uh for the for the overall project and the phases

Similar wording

Joe, would you like to expand on that?

Similar wording

Joe, has been allowed to speak.

Similar wording

Yeah, thank you so much.

Similar wording

I think we're looking at about another four years of complete construction, hopefully a little under that.

Similar wording

But for the project to be built in totality, that's about the range of time.

Similar wording

Thank you.

Similar wording

Thank you, Joe.

Similar wording

okay okay so mi 2024 002 375 1 south christopher columbus boulevard i vote yes

Similar wording

michael johns my vote is yes cheryl gaston my vote is yes

Similar wording

tennetta graham my vote is yes hi erwin my vote is yes ishmael shaheed my vote is yes

Similar wording

thank you counsel thank you okay is there anyone in the uh

Similar wording

virtual audience from the 330 list whose case has not been called

Similar wording

i see no hands thank you everyone this is a record-breaking time if anybody's interested

Similar wording

i think so have a good night everyone have a great night everybody

Similar wording

Good night all

Similar wording

Good night

Similar wording