civus
Hearing video

ZBA Hearing - October 6, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 6, 20206h 49m

with an with the required documents proof of ownership proof of tax compliance copy of the

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refusal or referral photos and plans five days in advance of this year we did submit the package

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as for tax clearance i do represent the equitable owner of the property and a redacted agreement of

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sale is enclosed have you met with the rco and have a letter we did meet with the rco we were

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able to reach an agreement with the rco we don't have a letter in hand but i believe that miss

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Sharon Wilson is available here today, and there may even be other representatives of the RCO to

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speak on their behalf. Thank you. You may proceed. So thank you. As I mentioned, I'm here on behalf

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of Bright Partners, the equitable owner, an applicant of 6301 North Broad Street here today.

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The board did grant a brief continuance of this matter to allow us to continue to meet with OLCA,

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and we were able to reach an agreement with them, and we do have their support for this project.

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With that being said, there may be other people that are present here today

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that are not supporting this project, so I would like to go through the entire case.

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Okay, so with me here today is Carl Wright, principal of Wright Partners, Bill Browntree,

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the director of development for Wright Partners. Marissa Price, who is also with Wright Partners,

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and she will serve as the property manager and point of contact for the Oak Lane Community

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Action Association. Greg Newell is the engineer with Nave Newell, who prepared the plans,

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and Marshall Cook, a general manager of AutoZone, is also here.

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I would ask that the packet that we submitted be incorporated into the record,

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along with the additional memo and exhibit submitted here today.

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Ms. Sunkit, I would ask that you please share the screen of my associate, Greg Heleniak.

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He has some renderings and plans to show.

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Can you raise your hand? Okay.

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He's been promoted to a panelist.

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he's been promoted to a panelist he can now share his screen

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He can now share his screen.

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Thank you.

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I wait to be sworn in.

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Greg, you can open your mic so you can be sworn in.

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hi this is gregory heleniak of zarwin bomb 2005 market street my name is spelled g-r-e-g-o-r-y

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last name h-e-l-e-n-i-a-k learn from to tell the truth the whole truth and nothing but the truth

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i do thank you please proceed okay so what we have here today um oh excuse me as for the accuracy

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of the refusal. We can waive the reading of that refusal. However, there is a typo.

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The proposed and the required footage for the side yard depth is reversed. Each column is

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reversed. So it's a typo. So what we have here today is a plan to revitalize the corner of Broad

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Street and Madari Avenue. Currently, the property consists of a one-story dilapidated structure

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defaced with graffiti and a parking lot that is filled with non-working damaged vehicles,

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old tires, and weeds. It's essentially a junkyard. The property is situated on North Broad Street,

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which is a PennDOT regulated state highway consisting of multiple lanes of

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traffic in both directions north and south. The site is surrounded by an

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abundance of auto related uses including gas stations, used car lots, auto repair

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car garages, collision shops, car washes, and tire shops.

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The history of this property shows that it's been used for auto-related uses since the

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inception of the zoning code in 1933.

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At that time, the property was used for a gas station.

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Over the years, the property was used for new car sales.

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in 2005 the zoning board approved the very same use that we are here for today sales of auto parts

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and that was for an advanced auto parts at the time so the proposal here is to clear the site

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completely and make improvements to the site and its surroundings a beautiful new masonry building

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will be constructed for a thriving auto zone business and before i ask the engineer who

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prepared the plans to go into details about the plans i'll provide some of the highlights of this

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project the plan includes construction of a stormwater management system we are adding

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street trees and landscaping we're adding security cameras and lighting we are addressing

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environmental issues on the site. We are restricting access after hours. We are replacing

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all of the public sidewalks within the property boundary. We are eliminating three curb cuts,

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which adds parking to the street. One of the curb cuts being eliminated is on Broad Street,

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and two curb cuts being eliminated are on Madari.

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we are adding 16 to 20 full and part-time jobs and on that note autozone's model is community

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focused most notably autozone is a successful and growing company with a commitment to hiring

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local residents autozone entry level employees have been promoted to the highest levels of the

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organization. We will be replacing the fence on Broad Street with a decorative black fence.

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Marissa Price from Wright and Partners will serve as a point of contact for OLCA.

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We are modifying store hours so that this business would close at 8 30 pm every day.

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We have agreed to turn off the Mederi facing sign at 8.30 each night.

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We've agreed to turn off parking lot lights at 8.30 as well.

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My client and AutoZone have reiterated their commitment throughout this process

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to keep the parking lot clean, the sidewalk clean, and to secure this site for the neighborhood.

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They've agreed to place signage both inside and outside of the building, prohibiting repairs

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They've agreed to place signage both inside and outside of the building.

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in the parking lot and the surrounding area.

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And my client continues to agree to work with the city and neighbors on solutions to these

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ongoing concerns.

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And with that, I would ask Greg Newell, the engineer, to introduce himself.

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And Ms. Tanya, would you allow Greg Newell to share his screen, please?

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Okay, Greg has been promoted to panelists.

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He can share his screen and unmute his mic and wait to be sworn in.

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Thank you.

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Newell, would you please spell your first and last name?

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Greg, you have to unmute yourself.

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Greg Newell.

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Try that again.

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Sorry, I thought I had that.

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There we go.

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Let's get the video as well.

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Sorry.

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Gregory, first and last name.

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Sure.

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Gregory, G-R-E-G-O-R-Y, Newell, N-E-W-E-L-L.

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you are you're here you're interested in this application i'm the uh civil engineering

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consultant and land planning consultant for the project thank you and you swear to the firm to

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tell the truth the whole truth and nothing but the truth i do thank you please proceed ms team

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thank you and greg can you put your address on the record sure it's 900 west valley road wayne pa

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Thank you. And you've described your role with this project. Can you briefly discuss

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your experience as an engineer? Sure. I've been added a little older than I'd like to admit,

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but I've been added as a civil engineer since 1983. I'm a licensed professional engineer and

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have been since 1985 or 6. I believe I've probably appeared as an expert witness in

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some are approaching 500 different zoning hearing and different testimonies of that matter through

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the years. And were you involved in preparing the plans for 6301 North Broad Street? Yes, I was.

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Okay. And is an auto-related retail sales the only viable option at this property?

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Yes, it is. And can you describe for the board and for everyone the reasons for that?

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And what you did to, what you took into account for your analysis.

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So take, when we started, we start right from the beginning and look in the site,

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and the site geometry frequently plays a key role in what happens on a site.

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This particular lot is fairly small for a commercial lot, 120 feet by 160 feet.

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So we work with AutoZone and their prototypes to fit a layout that works for them.

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recognizing that there is a use variance here we took into account and looked at what other uses

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are permitted here and what would be the challenges of going on and it's key to remember in this that

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in our discussions with the neighborhood community that we couldn't have access onto midair at this

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point and we've agreed to eliminate that access so that really restricts how you use the property

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and how you maneuver inside right excuse me on that note can you pull up the plan and show

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everyone the plan that you're referring to um do i have that or does greg heleniak um let me see

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where am i right from my office can share it i'll share my screen again

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okay

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so the plan here shows a building that's facing uh midairi street with a single access add-on

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to broad street as was discussed we've closed uh the other entrance on broad street which was

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further north and closed both entrances onto the dairy it was very clear in talking to the

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community that they did not want access out on the dairy for a variety of reasons especially

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the idea of a commercial use turning down into the neighborhood so that quickly restricts the

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options for what can go on this site and how it's used uh examples of things that might be

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available on this site would be a building supply store and excuse me

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Greg when you say available you mean permitted under the zoning code yes I'm

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sorry what's permitted on the zoning code an example of building supply store as a

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As a practical matter, that's typically building materials that are delivered on tractor-trailers.

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practical matter that that's typically materials building materials that are

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delivered on tractor trails

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A typical tractor-trailer delivery type arrangement would need roughly 130 feet to maneuver to get around,

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and they would have to be doing that on an almost daily basis to bring those supplies in.

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This lot's, candidly, way too small for that type of use.

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You have other uses that are permitted.

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An example would be a convenience store type thing where food and grocery type things could be bought, sandwiches and so forth.

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The traditional stores for that area require a much more larger parking arrangement to accommodate those uses.

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The other thing is they're getting deliveries all day long.

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And so they need a site where it's easy for them to park, to unload and to access.

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and this site at a small dimension just doesn't allow that room to do that.

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Other uses that are permitted that, again, would struggle is a pharmacy.

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So that's a printed use on this site.

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The problem is, and it's really accentuated now with the whole quarantines

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and restrictions and COVID-type stuff in that people want to be able to drive up

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to the pharmacy due to a drive-up window.

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It's good for both reasons.

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The people who are sick don't want to get out of their vehicle,

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and the people who are healthy don't want them in the building, candidly.

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There's just no way to fit a seven-to-nine car stacking lane

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to accommodate a drive-through window,

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especially when we only have single access.

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You can see here those buildings are usually significantly larger

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than what's proposed here.

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So that makes it really hard.

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That's the same thing like a use, like a Starbucks type of deal.

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a coffee shop at Dunkin Donuts you need to be able to have a drive aisle and this lot is just

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too small to allow that drive up window again customers today are looking for the ability to

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maybe minimize their interaction socially where they don't have to and so that use is a struggle

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another use it's permitted it's really a challenge would be a daycare in that particular case

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It would be fair to have a drop-off area, a safe drop-off area coming in rather than being on the street

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and then allowing them to walk in.

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Can you get into the property?

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Because we don't have an access out on the dairy, we can't loop around that,

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and we really don't want to be stacking up traffic down on the dairy type of deal.

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And then where would I put the building and the play area?

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So we just kept going for all the various uses, and logistically, the size of the lot

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and the limited accessibility options made it very difficult to find a way

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that was a successful use on the property.

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Thank you and can you describe the plans and the fencing

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around the property? Sure, so um as seen on the screen there's a

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building facing the dairy the building butts up against the

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property line along Broad Street and towards the rear there on the north side

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of the setback there the five yard setback from back there we have 17

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parking spaces as shown and it's just a double row kind of your traditional

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arrangement here we do have turnaround areas so people could back out in those

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last spaces and turn around and get back out effectively so people coming in

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customers coming in can maneuver and accommodate that arrangement. What we provide is, I talked

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about the single access to add on the Broad Street, that will have a gate at night, and there's

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actually a fence that ties from the building. It goes down along Broad Street, makes the turn on

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the Mederi. A key item to point out is in our conversations with the residents, they really

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like that fence along Mederi, and they asked us to keep that, and the applicant has agreed to keep

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that fence in place so that'll remain there's also a retaining wall along the eastern property line

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with a fence above that and the applicant has agreed to maintain that fence as well

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we are upgrading and providing sidewalks along both frontages as you see

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an important item to note is really dramatic as the pictures as greg had shown earlier the

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pictures of the site it's a dramatic improvement on the aesthetics by the

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landscaping that will provide and we're doing that in several different ways

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there's straight trees along Broad Street that either we're keeping one or

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upgrading and along the same thing would you be seeing down along the dairy so

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you have street trees there then adding to the impact to really help the screen

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the and minimize any impacts and residents along the dairy we provide on

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the other side of the fence a row of trees and with them is

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a row of trees and with them is in between them is shrubbery so that we're providing a really

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significant upgrade and improvement to the landscaping so you get almost a triple row

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effect of landscaping the street trees along the road the trees behind the fence and landscaping

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in that area so the shrubs will block and minimize any impact from the headlights

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and the trees will block the view of the building so it really does a full landscape package i did

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want to note we are also providing it was in discussion with the neighbors providing some

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additional shrubbery along broad streets so that the landscaping in that area also buffers

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the visual impact of cars so candle leaves you're going by only if you're an angle will even

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recognize um much of what's going on in this property so it'll be a little bit of a green

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oasis that we're creating there we do provide a loading area along the side of the building

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but overall and and just going back and clarifying is that that gate will close with committed to the

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applicants committed to closing the gate on broad street after business hours so that this property

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is not accessible to to the public i should say referred is only accessible during business hours

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and otherwise it's fully gated off with no activity permitted during that time period

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thank you and greg can you describe the impact of this type of retail use compared to other retail

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