civus
Hearing video

ZBA Hearing - August 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 21, 20246h 4m

All right. And as I noted, stated earlier, and I think you can confirm that, and if you can,

Similar wording

please do so. Across the street, there are other properties and these are multifamily and up the

Similar wording

street, it's a whole commercial strip. It's a CMX 2.5 on the 5,000 block. Correct. I also want to

Similar wording

point out that we are not trying to turn the building into a commercial property. We weren't

Similar wording

looking for something that wasn't zoned correctly. However, we found this place and we are able to

Similar wording

conceptualize what our services would look like and did take into consideration the impact on

Similar wording

the community. We figure in our minds, if there are families coming through the daycare center,

Similar wording

the upwards of 70 children a day closed on holidays and probably vacation times or summer

Similar wording

times, that we would mirror that and even less with the population of people that we are serving.

Similar wording

So from our perspective, it does not create an undue burden on the nearing neighbors to have the additional people here to solicit this service, because there are commercial, there is a commercial corridor very close by.

Similar wording

We're not trying to turn this one into a commercial corridor.

Similar wording

We're trying to take a business that has been functioning for the last hundred years, which is being a church and then a daycare center, and then putting our services in that same with a little upgrade so we can meet the needs of our clients.

Similar wording

Okay, thank you. So, I believe it's near, I believe there's a bus.

Similar wording

Yes, Wayne Junction is within a mile. There's a bus route outside of the building at each corner

Similar wording

that it stops. So we do anticipate with serving the direct community that could walk in or catch

Similar wording

public transportation to the office and every single person will not drive. In addition, I am

Similar wording

a community member just a little outside of this jurisdiction on Rittenhouse Street, and I could

Similar wording

essentially walk to work if I desired to as well. Okay, great. Thank you. So you've touched on how

Similar wording

this meets the needs of the Ocean Family Center. So in your opinion, as an expert in maternal and

Similar wording

family, mental health and wellness. If the variances for the property, for personal services

Similar wording

and for the health practitioner are denied for this property, would that result in an unnecessary

Similar wording

hardship? Yes, it will result in an unnecessary hardship. And what I would like to point out is

Similar wording

the opposition from the RCOs is not that our program isn't adequate, that we're not impacting

Similar wording

the community in a positive way, that our services are not needed. It is the fear that we will and

Similar wording

then turn this into a substance use or a recovery center in the near future. So I'd like to honor

Similar wording

that and understand the fear of the community, but also asking for some leniency to take a risk

Similar wording

that we will do what we said that we are going to do, which is to have a maternal wellness center

Similar wording

that does not include substance use or opioid use disorder.

Similar wording

substance use, or opioid use disorder. Unfortunately, it does require you to take a

Similar wording

Unfortunately, it does require you to take a chance.

Similar wording

chance, and I know the statistics say that 65% of businesses fail in the first 10 years,

Similar wording

but we are six years in, and we have sustainable funding to make sure that our program is around.

Similar wording

Us purchasing this building is in our plan to have longevity in Philadelphia, so families for

Similar wording

generations can come to that center and get the healing and wellness that they need. So it will

Similar wording

be an undue burden on the organization and the community at large to not have these services

Similar wording

and the ability to walk in and have your appointment on a day-to-day basis.

Similar wording

And that's what you clearly stated is what you've been about for the past 15 years.

Similar wording

Correct.

Similar wording

So, in your opinion, would you think that this, the grant of variance for the use of

Similar wording

the property would endanger the public health, safety, and general welfare? And I think you

Similar wording

pretty much stated opposite, but let's just answer the question so we can get through the

Similar wording

variance criteria. Black maternal morbidity and mortality is a public health issue, which is why

Similar wording

I lend my time to the Maternal Mortality Review Committee on an annual basis to review the deaths

Similar wording

that have occurred in Philadelphia County

Similar wording

for birthing people.

Similar wording

This is an epidemic

Similar wording

and we are fighting against it.

Similar wording

And our radical way of fighting against it

Similar wording

is making sure that our services

Similar wording

are prominent and a staple

Similar wording

in the community.

Similar wording

Okay.

Similar wording

So what about

Similar wording

impacting

Similar wording

in a negative way

Similar wording

the adjacent

Similar wording

properties?

Similar wording

In your opinion, will this use impact adjacent properties?

Similar wording

The proposed use for this property will not negatively impact the adjacent properties because we are servicing the same families that have been serviced over the last hundred years.

Similar wording

Churches brought together community members, brought together families.

Similar wording

The daycare center brought together community members and families.

Similar wording

And we are doing the same thing.

Similar wording

The thing that people most fear is when we use the term mental health, but everybody needs some wellness. So that's why it is not that we are going to negatively impact. We aren't bringing people who are going to destroy the neighborhood. We want to be good neighbors. We want to be servants in our community the same way that we are for the larger birth worker community.

Similar wording

And those are our intentions.

Similar wording

If there is going to be an issue that comes up, it is the projection of what it could be if we are not there.

Similar wording

So to make sure that when we are looking at those RCO letters, it outlines that it is not a problem with our services and what we are presenting.

Similar wording

It is a problem with the variance being for medical use that could potentially allow at some point in time a rehab center.

Similar wording

And yes, and for the record, that is not something that is your issue. That's the zoning code. That's how it's worded. That's what it covers. That's not within your control.

Similar wording

Correct. So our services providing reproductive psychotherapy, being able to provide doula and lactation support and other holistic modalities of healing should not disturb the close neighbors at all.

Similar wording

That's not a loud process.

Similar wording

And I want to emphasize that the reason why we don't necessarily want to be on a commercial

Similar wording

corridor where it's very walkable is that there's a lot of traffic.

Similar wording

When you are in your therapy session, for any of those who have been to therapy, the

Similar wording

one thing you value most is the stillness and the silence of what could be not going

Similar wording

on around you.

Similar wording

You get an opportunity to sit in the office and this time is about you.

Similar wording

I'm not worried about what's going on outside of the door.

Similar wording

there's not anybody sitting outside panhandling or any of those things we want to create a safe

Similar wording

space for our clients and our staff all right and um eileen eileen let me let me ask a question

Similar wording

how much longer do you think you'll be on direct well i'm wrapping up with um miss mcneil and then

Similar wording

i have the design professional who's coming on her her questions will be shorter though okay

Similar wording

We're really going kind of long here.

Similar wording

Yes.

Similar wording

And just to wrap it up, you don't, in your opinion, you don't believe that this is going to have a negative impact or adversely affect any transportation or public facilities?

Similar wording

No.

Similar wording

And is this the minimum variance that we can get in order for you to use the property?

Similar wording

Yes.

Similar wording

And there's no creation of any environmental issues, correct?

Similar wording

creation of any environmental issues, correct? No. We're not doing anything to the outside of

Similar wording

No.

Similar wording

We're not doing anything.

Similar wording

the building, the outside of the property? Correct. Besides upkeep and maintenance.

Similar wording

Thank you. All right. Thanks, Ms. McNeil. I would just ask that Humana Valley be...

Similar wording

Hold on. Hold on. I'm sorry.

Similar wording

Eileen, we do have Mr. Anastasia. Do you have any questions?

Similar wording

Oh, I'm sorry. I'm sorry. I'm sorry, Mr. Anastasia.

Similar wording

mr chair i have no questions right now thank you uh next witness please eileen

Similar wording

yes and thank you thank you to your witness too thank you uh humana valley please um raise your

Similar wording

hand so you they can elevate you as a panelist they have been hard to speak i do you go ahead

Similar wording

Please state your name and spell for the sonographer.

Similar wording

My name is Ximena Valle, and it's spelled X-I-M-E-N-A, and my last name is V-A-L-L-E.

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed, Eileen.

Similar wording

Thank you.

Similar wording

Ms. Valle, thank you.

Similar wording

As you can see, I have up on the screen Exhibit 20.

Similar wording

Is this your resume?

Similar wording

It is. And can you please explain your educational background?

Similar wording

Sure. I have a master's degree in architecture from the University of Pennsylvania.

Similar wording

I am a registered architect, and I've been practicing architecture for the last 18 years.

Similar wording

And can you describe your work experience in the field?

Similar wording

Certainly. At this moment, my present position is I am co-owner and founder of 15. We're an

Similar wording

architecture and design firm here in Philadelphia. Over the last seven years, I've been working

Similar wording

closely with PHMC, that's Public Health Management Corporation. And in that capacity, our team has

Similar wording

been their architect, working with them to find locations and design spaces for programs very

Similar wording

similar to those that Ms. McNeil has described, including Visiting Nurses Association, Community

Similar wording

mental health, health promotion council, nurse family practitioners, national-led consortium,

Similar wording

and turning points for children. And as their architect, we've really investigated properties

Similar wording

all over the city, helping them find the right match for those services. And can you just,

Similar wording

you might have said it, and I apologize, how long have you been an architect?

Similar wording

18 years. And do you have experience with the adaptive reuse of buildings,

Similar wording

especially in the context of ocean family center and what they're looking for in a space

Similar wording

we do so i would like to offer uh miss valley as an expert witness

Similar wording

um mr anastasio

Similar wording

yes mr chair do you do you have any comments about that none whatsoever thank you please proceed uh

Similar wording

Ms. Quigley. Thank you, Chairman Burke.

Similar wording

So, Ms. Vallee, your co-owner, can you briefly explain your involvement with the Ocean Family

Similar wording

Center? Yes, I've been overseeing this project as one of the principals involved since last

Similar wording

November when Salima and her team first joined us here in our office to begin to consider what

Similar wording

the programming needs would be as part of the feasibility study with the Community Design

Similar wording

collaborative organization that we're very familiar with and work with often in that capacity.

Similar wording

And can you just explain the overall purpose of that study that you've mentioned? And so did

Similar wording

Ms. McNeil. Of course. Yeah. And so this is a service that we provided early on and worked

Similar wording

with Salima's team to identify initially conceptually what would be the programmatic

Similar wording

needs to meet what she wants to do with the program. And so that work involved honing in

Similar wording

on the kinds of spaces that would best serve the specific services that she described. And so in

Similar wording

those discovery sessions, we talked about really critical things for her programs and for her

Similar wording

clients, as she said, to feel safe, to feel welcome, to feel comforted, to find a space that

Similar wording

had a kind of retreat sort of feeling about it, that it had green space around it, and these are

Similar wording

common requirements for this kind of work. In all of our work with PHMC, for example, what makes the

Similar wording

looking for a facility quite challenging is that we need a space that defies what people might

Similar wording

think of when they think of a public health institution, and instead of seeming institutional,

Similar wording

actually feels welcoming and comforting to the clientele.

Similar wording

So we worked conceptually to identify the spaces, the sizes of the spaces,

Similar wording

the sizes of the spaces, the need for windows, for daylight, the circulation requirements.

Similar wording

the need for windows, for daylight, the circulation requirements.

Similar wording

And during that process, Ms. McNeil and her team, working along with a real estate advisor,

Similar wording

found this location. And so the second part of our study was really focusing in

Similar wording

on understanding how this facility met those needs and provided an opportunity

Similar wording

for the experience that her clients need in terms of healing to be provided.

Similar wording

So you did this study conceptually, and then you were able to, they found this space, the 5114 Wayne Avenue. And in your opinion, did the Wayne Avenue property align with the mission of the Oshun Family Center?

Similar wording

Absolutely. It is my professional opinion that this building perfectly suits the mission and the needs of the Oshun Family Center.

Similar wording

The fact, I know commercial property has been mentioned a number of times, the traditional

Similar wording

kind of commercial property, which would have tenants on either side, or sometimes you would

Similar wording

be asked to go through a security checkpoint in order to get to the location, bring a number

Similar wording

of challenges that this facility here actually does not have to do, and in that regard, provides

Similar wording

an excellent location for her programs.

Similar wording

Yes, I believe when we had talked, I mean, we say, quote, unquote, commercial because of the zoning districts, but this is technically a business use.

Similar wording

Correct.

Similar wording

Similar to the previous use.

Similar wording

Correct.

Similar wording

Okay.

Similar wording

And how does the space, and you may have said this, but I think it bears repeating that, how does the space accommodate these services and programs?

Similar wording

but but counsel i i really do think the last witness really talked about that to a great

Similar wording

extent i mean i i know you said it bears repeating but i i just don't want to keep repeating testimony

Similar wording

really okay i can go to just our final questions then i i think um miss valley did explain why the

Similar wording

space is uh important i just want to have you explain very briefly why a property in a commercial

Similar wording

strip would not be conducive sure i mean two examples there are one as we can envision the

Similar wording

number of windows and daylight a commercial property on a commercial strip whether it be

Similar wording

a shopping mall or or just down the road like along wayne avenue would not be able to provide

Similar wording

daylight for each one of the therapy rooms in the way that we're able to do that and that is a big

Similar wording

um that is a big asset here and similarly the um just the approachability of the entrance and the

Similar wording

access to the green space and the respite and looking out to nature outside the windows rather

Similar wording

than a busy, you know, car or vehicular congestion. So in your professional opinion,

Similar wording

would you believe that the denial of the variances for the property would create a

Similar wording

hardship for Ocean Family? I do. I can say in my experience, looking for appropriate locations for

Similar wording

programs that bring healing to communities, like the one that Oshun is providing, can take years

Similar wording

to find. This is a really unique find, and I am certain that it would be a hardship to not be able

Similar wording

to perform these services here. And do you, in your opinion, believe that the grant of variance

Similar wording

will increase the danger of fire or endanger the public health, safety, or general welfare?

Similar wording

no and in your opinion does the grant of variance um substantially or permanently injure use of

Similar wording

adjacent properties or impact light and air no and will it adversely affect affect transportation

Similar wording

or public facilities it is my opinion that it will be no different um or perhaps less congestion than

Similar wording

what could have been, what's expected or experienced when this location was a school.

Similar wording

And this is the minimum variance, correct?

Similar wording

It's for use.

Similar wording

Correct.

Similar wording

Thank you, Ms. Valley.

Similar wording

Thank you, Chair Bergman and members of the board and Mr. Anastasio for allowing us to

Similar wording

complete our testimony.

Similar wording

Mr. Anastasio, you have any questions to the architect?

Similar wording

I have none, Mr. Chair.

Similar wording

Vern, how long do you think your presentation will be?

Similar wording

Five minutes.

Similar wording

Okay.

Similar wording

please proceed thank you uh may i uh share my screen please you can oh i'm sorry that's okay

Similar wording

and i think the host might uh have to allow me to do so

Similar wording

excuse me mr chair please proceed thank you mr chair i've already submitted this uh package

Similar wording

uh into uh evidence it's a 53 page uh exhibit packet

Similar wording