civus
Hearing video

ZBA Hearing - February 19, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 19, 20254h 55m

NOT A WIDELY ATTENDED MEETING, THERE WERE ONLY A HANDFUL OF FOLKS ON THE CALL, BUT WE

Similar wording

DID NOTIFY. WERE THERE RESIDENTS? I BELIEVE THEY WERE RESIDENTS OR MEMBERS

Similar wording

OF THE RCO. OKAY, WELL, THE RCO THAT YOU'RE SPEAKING

Similar wording

OF IS ON OAKHAS AVENUE. IT'S NOWHERE IN OUR VICINITY. AND THE MINIMUM IS EIGHT BLOCKS

Similar wording

away so none of the residents in the vicinity were notified we found out thursday when someone saw the

Similar wording

big zoning notice on the front door no one was notified okay and i did and i did contact council

Similar wording

the legislative person there is out and no one said they would be they said no one was available

Similar wording

from councilman phillips office to attend

Similar wording

yeah i believe that's correct that nobody from the council office attended

Similar wording

um i apologize that you didn't receive a direct notice um we we use the the city's notification

Similar wording

website to identify the properties that get direct mailings and uh we coordinate with the rcos that

Similar wording

are well i'm on council's direct mailing and i'm less than a thousand feet from this property

Similar wording

okay um we're going to move on we're going to move on thank you miss williams thank you very

Similar wording

much and thank you um anyone else in the virtual audience there are no more hands planning

Similar wording

commission thank you chairman and good afternoon david vecto with the city planning commission

Similar wording

chairman and board members the comprehensive plan recommends no change to the cmx 2.5 commercial

Similar wording

mixed-use zoning at this location. The appellant has shown that a group practitioner will have no

Similar wording

detrimental impacts on the neighborhood beyond what might be expected. The City Planning Commission

Similar wording

recommends that the board grant a proposed special exception for a group practitioner.

Similar wording

Thank you. MI 2024-006-839-6101 North Broad Street. I vote yes with proviso, interior storage

Similar wording

of medical waste, commercial trash pickup.

Similar wording

My vote is yes with Proviso.

Similar wording

Cheryl Gaston, my vote is yes with Proviso.

Similar wording

Tanetta Graham, my vote is yes with Proviso.

Similar wording

My vote is yes with Proviso.

Similar wording

Ishmael Shahi, my vote is yes with Proviso.

Similar wording

Council, stay there.

Similar wording

We're going to do the second.

Similar wording

Thank you.

Similar wording

Right.

Similar wording

So number 10, MI 2024-006-848-6201 Germantown Avenue.

Similar wording

Council, you've already been sworn.

Similar wording

Just for the record, could you state your name?

Similar wording

Yes, my name is Meredith Trego with Ballard Sparr.

Similar wording

Could you identify your client, the relationship to the property?

Similar wording

Yes, we are here representing Archwell Health LLC, who's the lessee of the property at 6201 Germantown Avenue.

Similar wording

The property is owned by Derrick's Enterprises.

Similar wording

And our vice chair has a few questions.

Similar wording

Good afternoon, counsel. Do you agree to either read another refusal or stipulate towards accuracy?

Similar wording

We do.

Similar wording

Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

Similar wording

we have. Thank you, counsel. Please proceed. Mr. Chairman and members of the board, we are here

Similar wording

today with a request for a special exception for the use of a property at 6201 Germantown Avenue

Similar wording

as a group medical health practitioner use within an existing building in a CMX2 commercial mixed

Similar wording

use zoning district. I'm joined today by Seth Dickey, who is the Associate VP of Development

Similar wording

for Archwell Health, as well as Dr. Sherlene Moten, who's joining us by Zoom, who's the Senior

Similar wording

market medical director for R2L. Our exhibits filed with the board include everything that's

Similar wording

Our exhibits filed with the board include everything that's required, including our tax clearance certificates in Exhibit 2, our proof of mailing for neighbor notices in Exhibit 8, as well as our proof of zoning notice postings at Exhibit 9.

Similar wording

required, including our tax clearance.

Similar wording

We're also aware that a letter of support was recently provided by the 59th Democratic Ward to the board.

Similar wording

Turning to Exhibit 3, this is our referral, which is for a group medical practitioner use that is within the office use category.

Similar wording

Again, we emphasize that this is for a use change only. No zoning plans were required for this use application.

Similar wording

We do want to note up front, we did meet with the community on February 10th. That was our second meeting.

Similar wording

We had an earlier meeting in January that had almost no attendance due to weather, a snowstorm that day.

Similar wording

And so we rescheduled it for February 10th via Zoom.

Similar wording

And we will note that the community did provide a letter of support with provisos.

Similar wording

We just want to go through those provisos up front.

Similar wording

First, the community requested that we consider installing additional trees and landscaping at the site.

Similar wording

Excuse me, Ms. Trago, do you mind, do you have a copy of the letter you can pull up onto the screen?

Similar wording

Oh, sure.

Similar wording

Because I'm not sure that we received that.

Similar wording

We don't have it.

Similar wording

Oh, okay.

Similar wording

That was not.

Similar wording

Okay.

Similar wording

So this was submitted.

Similar wording

I thought it was submitted to the board as well.

Similar wording

But this letter was a letter of support with three provisors.

Similar wording

So the first is that the, I'll actually, I'll discuss the second one first.

Similar wording

So a request that we improve the landscaping at the site.

Similar wording

We are happy to do that.

Similar wording

provided our lease allows us to, and there's no conflicts there. Again, we're a lessee at this

Similar wording

property. We do not own it. But as we mentioned in the prior case, we want to make this an

Similar wording

attractive site. Archwell wants its patients to come to a very attractive and welcoming place and

Similar wording

wants to have a good look within the community. A second request, which is the first one listed

Similar wording

here is that we remove a structural awning from the building. This was an awning that was

Similar wording

part of the Rite Aid drive-through when it was a former Rite Aid pharmacy. And so they've requested

Similar wording

that we remove this just, I guess, for aesthetic purposes. However, this awning is actually,

Similar wording

it's not, you know, a fabric awning. It's a structural component to the building. So even

Similar wording

aside from issues related to the budget for altering the structure like this. We do not have

Similar wording

the authority under our lease agreement with the owner to do anything to the exterior of the

Similar wording

building. We're only allowed to make changes to the interior. So this was a request that we

Similar wording

unfortunately are not able to comply with or say that we can fulfill. So we do have to object to

Similar wording

that request. And then lastly, they had a third request that Archwell Health allow nearby residents

Similar wording

use their parking lot at night and on the weekends when the facility is closed. We note off the bat

Similar wording

that non-accessory parking is not actually a by-right use in the CMX2 zoning district, so

Similar wording

you know, just right away we'd have to come back to the board for that anyway, but even more

Similar wording

importantly again we are subject to a lease with the owner of this property um we have the right

Similar wording

to use the parking lot for this site for our patient use and for our activities but we do

Similar wording

not have the authority to grant use to nearby residents or other nearby property owners so

Similar wording

again that is a request that um we would like to object to and uh are not able to you know comply

Similar wording

with. So from that, we would like to just move on to the zoning map in Exhibit 10. Again, noting that

Similar wording

this is a CMX2 property. This property is on the Germantown Avenue commercial corridor and in line

Similar wording

with other commercial properties in this part of the neighborhood. This is a request for a special

Similar wording

exception. The group medical practitioner use is a special exception in the zoning district.

Similar wording

And again, note that solo practitioner uses are permitted by right.

Similar wording

And as we will show today, this particular application does satisfy the standards for a special exception because we will not create a detrimental impact on the health, safety, or welfare of the neighborhood exceeding that which might normally be expected from the proposed use.

Similar wording

In fact, we would argue we would improve the health and well-being of the neighbors by providing important and necessary medical care to seniors in the community.

Similar wording

Again, just going through Archwell Health business model.

Similar wording

So Archwell Health provides primary care services to adults ages 60 and older.

Similar wording

They have an average patient population, patient age of 72.

Similar wording

They provide services such as primary care provider visits, lab work, preventive health screenings, social work, nutrition education, care management, and cardiology telehealth visits.

Similar wording

They provide services such as primary care provider visits, lab work.

Similar wording

There is a growing need for doctors and medical professionals across the country, including in Philadelphia, specifically for the senior population as approximately 10,000 to 11,000 people age into Medicare each day.

Similar wording

Archwell was founded in 2020 and has 52 locations nationwide currently with plans to expand to

Similar wording

nearly 100 by the end of 2025.

Similar wording

At full capacity, this office anticipates having roughly 35 full-time staff, which includes

Similar wording

physicians, nurse practitioners and nurses, medical assistants and support staff.

Similar wording

And again, Archwell looks to fill these positions from within the community as much as possible.

Similar wording

Facilities, including this one at 6201 Germantown, are purposely located close to transit and

Similar wording

are designed with a focus on accessibility for seniors.

Similar wording

The office will be open from 8 a.m. to 5 p.m. Monday through Friday.

Similar wording

And in addition to their primary care services, Archwell provides some ancillary services

Similar wording

such as nutrition education and then has a modest activities room to host things such

Similar wording

as health fairs and exercise classes, nutrition classes, and the like.

Similar wording

It's anticipated that this location will schedule 8 to 10 patients per hour, with the average appointment length lasting roughly 40 to 50 minutes.

Similar wording

Archwell can provide some triage and urgent care services to existing patients, but we note that it does not provide any type of drug rehabilitation or treatment services at this or any other location.

Similar wording

I'm looking to Exhibit 13, which is a site aerial with Germantown Avenue and East Topplehocken

Similar wording

Street. This is located at the corner. The layout of the existing parking and drive aisles will

Similar wording

remain almost unchanged from the existing condition, which includes two drive aisles

Similar wording

from East Topplehocken and one drive aisle off of Germantown at the western edge of the parcel

Similar wording

right here the proposed site includes 50 locate 50 parking spaces including two ada spaces and

Similar wording

the only changes being made to the parking lot are just a shuffling of the ada spaces to better

Similar wording

align them with the curb cut into the sidewalk to get up to the building the existing dumpsters

Similar wording

are located in the back of the property and will remain there for use by archwell health

Similar wording

for general office waste and will be locked between weekly pickups with a private commercial

Similar wording

trash pickup provider. Medical waste will be disposed of in a secure location within the

Similar wording

building, and Archwell Health will again contract with a private service for medical waste pickup.

Similar wording

Looking at our site photos, we have some photos here of just from Germantown and Topolhocken.

Similar wording

Again, another view from Topolhocken. This is an existing Rite Aid which we mentioned.

Similar wording

a view from germantown avenue the west elevation south elevation east elevation

Similar wording

and the north elevation and then some interior photos as well

Similar wording

this former right it has also been vacant for roughly one year

Similar wording

turning to exhibit 15 with our site plan the again the layout of the parking lot will remain

Similar wording

roughly unchanged and then a sort of a floor plan which will include a small activities room

Similar wording

and then doctor's offices and patient rooms and other supporting spaces

Similar wording

in exhibit 16 we include some images of our proposed signage which is not part of this

Similar wording

application but just to give you a sense of what we anticipate the building to look like when

Similar wording

it's completed. We will also be swapping out the existing windows and doors with new windows and

Similar wording

doors to spruce up the exterior of it. And then again, replacement signage for the pylon sign

Similar wording

that exists there today. And then lastly, we've included some sample photos of the interior

Similar wording

of archwell spaces. The grant of the requested special exception for the group medical health

Similar wording

practitioner will not create a detrimental impact on the health safety and welfare of the neighborhood

Similar wording

exceeding that which might normally be expected from the proposed use and in fact we believe it

Similar wording

will help improve the health and well-being of the neighborhood by bringing important health

Similar wording

care services to the senior population um thank you members of the board uh we'd like to just

Similar wording

call up our witnesses to adopt our testimony just state your name because you've already been sworn

Similar wording

Seth Dickey, please proceed counsel.

Similar wording

Thank you.

Similar wording

Mr. Dickey, can you please, have you just heard what I said?

Similar wording

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

Similar wording

Yes.

Similar wording

is there anything else you'd like to add at this point um would in regards to the three provisios

Similar wording

Is there anything else you'd like to add at this point?

Similar wording

Would, in regards to the-

Similar wording

um i would just like to say the community was very engaged and we appreciated their feedback

Similar wording

um and certainly appreciate their support moving forward um would like to say that we will guarantee

Similar wording

that the landscape will be beautified and we will make sure it's attractive place for the neighbors

Similar wording

and our patients um and unfortunately right now we will not be removing that drive-through awning

Similar wording

and cannot share a parking.

Similar wording

Okay.

Similar wording

And lastly, Dr. Moten,

Similar wording

if you'd like to adopt my testimony as well.

Similar wording

Dr. Moten?

Similar wording

She's still on.

Similar wording

She come back?

Similar wording

Do we see her hand?

Similar wording

She's still on.

Similar wording

I think we're okay.

Similar wording

Okay, great.

Similar wording

Can you hear me?

Similar wording

Oh, yes.

Similar wording

Just state your name.

Similar wording

You've already been sworn in.

Similar wording

Yeah.

Similar wording

Yes, I am adopting your testimony as my own, and I do agree with both you and Seth.

Similar wording

We would love to be able to honor those provisals, but we are a lessee and unable to honor those.

Similar wording

So we would like those excluded. Yes.

Similar wording

Just for the record, state your name.

Similar wording

This is Dr. Charlene Talbert-Moughton, Senior Market Medical Director for R2L Health.

Similar wording

Thank you very much. Questions from the board.

Similar wording

Yes, I just wanted to touch back since the community seems to be really concerned about curb appeal.

Similar wording

Have there been any thoughts, even preliminary thoughts about how you might be able to address some of their concerns without putting in things that are permanent?

Similar wording

We do think that the landscaping is a great way to address this.

Similar wording

i can go back to the site aerial at this particular location there is a good bit of

Similar wording

space between germantown avenue and the existing parking lot and building that has existing planting

Similar wording

beds in it that are you know quite robust in terms of size and so we think you know really

Similar wording

the ability to improve the landscaping there will do a lot in terms of curb appeal anything else

Similar wording

Yes, a question. Doctors, nurses, you're affiliated with what hospitals, and do you have doctors, nurse practitioners? Who do you have providing the medical care for the proposed patient?

Similar wording

Sure, we have both, so medical doctors as well as nurse practitioners, and we are not affiliated with the hospital system.

Similar wording

Okay. Thank you.

Similar wording

Questions or comments from our attorney? Hillary Emerson.

Similar wording

I just would concur that unfortunately I don't believe any of the provisos that have been

Similar wording

suggested are enforceable, maybe for the reasons that Ms. Trago already explained. Thank you.

Similar wording

Thank you. Questions from the audience? We have a question for Charles Richardson.

Similar wording

Charles Richardson has been promoted. Good afternoon, Mr. Richardson.

Similar wording

i'm here hi hi mr richardson just for the record state your name it is spelled for the stenographer

Similar wording

certainly charles richardson r-i-c-h-a-r-d-s-o-n office of councilwoman cindy bans room 508 city

Similar wording

hall do you swear or affirm to tell the truth the whole truth nothing but the truth i do please

Similar wording

question uh for you mr chair or to hillary what were the improvisos that were granted for

Similar wording