civus
Hearing video

ZBA Hearing - September 29, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20218h 23m

if you guys have them or need clarity on what we're showing. Thank you. Any questions from the

Similar wording

board? No, Mr. Chairman. No. Rachel, do you have any other witnesses you need? No. Thank you. Anyone

Similar wording

else would like to testify in this case, please raise your hand. Go ahead to this time, Mr. Chair.

Similar wording

Thank you. Planning Commission? This is Ron Bednar, City Planning.

Similar wording

The property is indicated for center city commercial mixed use. The city plan recommended

Similar wording

request of variance be granted provided no overnight boarding services thank you MI 2021-002433

Similar wording

1213-19 walnut street my vote is yes and we don't need overnight services correct correct

Similar wording

Jennifer I just want to clarify your overnight meaning like left unattended but there will be

Similar wording

animals who are being uh serviced by a doctor that may be there overnight so i just don't want to

Similar wording

you know what i'll just i'll remove that we'll just say uh again i'll do it again mi 2021 that

Similar wording

zero zero two four three three one two one three dash one nine walnut street my vote is yes my

Similar wording

vote is yes my name is carol tenere professor plaza my vote is yes james now my vote is yes

Similar wording

Thomas Holloman my vote is yes thank you and welcome to Philadelphia thank you thank you

Similar wording

thank you guys so much we really appreciate it MI 2021-000303 1240 Harrison Street

Similar wording

this is a second listing is there anyone here for 1240 Harrison Street

Similar wording

no hands chair thank you this was the second listing mi 2021 that's 000303

Similar wording

1240 harrison street my vote is to dismiss harold tenary my vote is to dismiss professor plaza

Similar wording

dismissed. Thomas Holloman, dismissed. Thank you. MI number three on our list, MI 2021-003193,

Similar wording

127 North 32nd Street. Darwin Beauvais is the attorney of record.

Similar wording

uh as of my notes indicate we've not yet received a letter from the rco but that'll

Similar wording

be cleared up once mr bovay gets sworn in mr bovay has been promoted to panelists

Similar wording

please spell your full name sir and i'll swear you in

Similar wording

there we go

Similar wording

there we go mr chairman members of the board how are you well thank you good how are you

Similar wording

it's always good to see you um i didn't hear you earlier so i don't know if you want me to swear in

Similar wording

yes please spell your full name and i'll swear you in all right first name darwin d-a-r-w-i-n

Similar wording

last name Beauvais. That's B as in boy, E-A-U-V as in victory, A-I-S as in Sam. I'm from the law

Similar wording

firm of Dilworth Paxson, and I represent the applicant in this matter. Do you swear a firm

Similar wording

to tell the truth, the whole truth, nothing but the truth? I do. Ms. Tenere has some questions for

Similar wording

you. Okay. Darwin, do you agree to waive the reading of the refusal and stipulate to its

Similar wording

accuracy? I agree to the waiving of the reading but I do not stipulate to the accuracy and I'll

Similar wording

explain as part of my presentation. Okay have you emailed the exhibit packet with proof of ownership

Similar wording

tax compliance refusal or referral photos and or plans of the property five days in advance of this

Similar wording

hearing and have you met with the RCO and do you have a letter? Yes. Thank you you may proceed.

Similar wording

Yes, and if we can also raise as panelists, Stephen Griggs, the president of Republic Properties, as well as John Mendencorp from Pannoni Engineers, as well as Richard Hayden, who is the local development partner.

Similar wording

And if I could share my screen.

Similar wording

So do they all need to be promoted or just audio?

Similar wording

um i i guess audio thank you

Similar wording

why don't we get begin your presentation then we can bring them on individually just be sworn in

Similar wording

okay so 127 north 32nd street i just want to give the board a little bit of history and i'll

Similar wording

start so first and foremost we i submitted exhibits 1 through 15 that includes the tax

Similar wording

clearance certificate the deed zoning appeals site plans zoning maps aerials elevations a memorandum

Similar wording

of law and support letter from scepter as well as photograph the notice letter well as photographs

Similar wording

from of the property um scrolling down i would like the board's attention to uh page 27 let's start

Similar wording

there. Clearly I'm not doing that right. Okay, so 127 North 32nd Street is actually part

Similar wording

of the scepter rail yard and if you can see my cursor this is that parking area and that building

Similar wording

is what we are building on that building is the scepter crew quarters um that's where the crew

Similar wording

will go and conduct their business while they're dealing with the rail traffic.

Similar wording

But with that, and I want to give it to Stephen Graetz, who's new to Philadelphia in developing

Similar wording

this project. This is an industrial area, as you can tell from this map. And because of that,

Similar wording

This is what we're looking at. The actual property looks like this.

Similar wording

There's nothing there. Broad iron. And it sits right in the middle of Drexel University.

Similar wording

So that's Drexel right across the street. This is looking more north.

Similar wording

from the corner so and there's the crew quarters and the parking now i i i want the board to um

Similar wording

hear from steven great as to

Similar wording

why they're interested in doing something like this and if he can like i mentioned be promoted to

Similar wording

i don't know if you call it panelists or or yeah what's his full name even great if if he can

Similar wording

i'm sorry mr bouvet would he be under your name no no we we are

Similar wording

would he be under your name no no we we are all sitting in different locations right now

Similar wording

so i have someone with your name with their hands really okay let's try that

Similar wording

if you hear me and double then you know

Similar wording

this is the unmuted steve grigg okay steve please spell your full name

Similar wording

Stephen Grigg, G as in George, R as in Richter, I as in me, and G, G.

Similar wording

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

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Mr. Bovee.

Similar wording

Yes.

Similar wording

Mr. Griggs, can you tell everybody where you work?

Similar wording

I'm the president and CEO of Republic Properties Corporation.

Similar wording

We're based out of Washington, D.C.

Similar wording

And have you developed in Philadelphia before?

Similar wording

Our predecessor firm did Franklin Mills years ago in the doing business as Western Development Corporation.

Similar wording

okay and so but it's within the last few years last 10 years this is pretty much the first

Similar wording

iconic project in southeastern pennsylvania correct affirmative all right can you tell

Similar wording

us a little bit about republic properties well republic is a firm that does work around the

Similar wording

country. Our principal offices are in Washington, D.C. We have an office in San Francisco and San

Similar wording

Jose, California, and an office in Greenwich, Connecticut. We've built projects from the West

Similar wording

Coast to Florida to D.C., and we do a variety of landmark projects, principally in Washington, D.C.

Similar wording

and in California, but we've built buildings around the country. We've done residential,

Similar wording

retail, multifamily projects, and we've also been responsible for office mixed-use developments.

Similar wording

And you can look at our website, republicfamilyofcompanies.com,

Similar wording

for some additional information if you wish.

Similar wording

Okay.

Similar wording

And what kind of building are we building here?

Similar wording

This is a cell, a purpose-built cell and gene therapy facility,

Similar wording

which is a combination as the lower levels,

Similar wording

which extend out there below the first level green roof that you see in the

Similar wording

picture,

Similar wording

are really three levels of manufacturing's process space for cell and gene therapy.

Similar wording

It's unusual to have these facilities located in a multi-story building,

Similar wording

but we're doing this in the edge of University City,

Similar wording

and those three floors are really two-story high floors in a normal sense of 21 to 23-foot floor-to-floor heights.

Similar wording

And on top of those, there is a mechanical floor that provides services up and down, and then five floors of purpose-built general laboratory with some office-use space above that, and then another set of mechanical uses above that.

Similar wording

Now, these sit on top of a podium, which is because of the slope of 32nd Street and because of the need to put in replacement facilities for SEPTA down on the lowest level.

Similar wording

These are sit on top of a podium that's about a half a level above 32nd Street.

Similar wording

The existing SEPTA facilities are really down about six to eight feet below 32nd Street, which rises as you go north from Market heading north along there.

Similar wording

So the street slopes slightly. You can see an indication of that on some of the drawings.

Similar wording

If you look closely at it, it's a little tough with these photos, so that you really have a cellar that in some zoning situations, it would be called a cellar, which is where the crew facilities are.

Similar wording

But because the Powelton Yards are built based...

Similar wording

But because the Powleton yards are built basically half a level out, it gets treated as though it's

Similar wording

above grade. So this particular building sits up so that podium is up a little bit above this fence

Similar wording

and it tucks over the top of the SEPTA facilities which have to be replaced underneath it

Similar wording

in order to keep the pulp and yards operating.

Similar wording

The site itself is less than three-quarters of an acre.

Similar wording

Understood.

Similar wording

And I appreciate that, right?

Similar wording

So then I was – I think the board has an idea of what the design

Similar wording

and what the uses are.

Similar wording

Excuse me, Darwin?

Similar wording

Yeah.

Similar wording

Can you explain what's the podium in architectural terms?

Similar wording

that's thomas holliman asking the question uh that that's that's just a platform upon it's

Similar wording

just a term of art it's just a platform upon which the building rises from which is a which

Similar wording

is an elevated uh slightly elevated platform therefore is the floor level uh yes there it's

Similar wording

partially occupied and there's parking up above. The podium is the cellar level, which is the dark

Similar wording

level that you see some cars there, is actually below the street level, below 32nd Street,

Similar wording

six to nine feet, depending on where along 32nd Street you measure it, nominally six to nine feet

Similar wording

below it thank you so um so let me just get back to the rendering you know the the and and and i

Similar wording

appreciate the architectural um uh uh proudness but if i could just restate it in layman terms

Similar wording

right the picture that you're seeing here if you notice that there is the uh a bright white brick

Similar wording

that looks like it's hitting ground level that and then you'll see cars you'll see columns

Similar wording

and then you see another uh white brick running along 32nd street in a curve and then you see

Similar wording

columns and then you see the building right uh steven would you say that's the podium

Similar wording

uh the podium is the is the the if you go to the right you'll see the parking that's that you come

Similar wording

in off of 32nd street and rise up to that level to get up above the septa level which is down

Similar wording

sunken below 32nd street okay all right so it's anything that brings the building to street level

Similar wording

Okay, so with that, I don't want to trouble the board with more of the design because

Similar wording

I want to address the refusal.

Similar wording

So, if we can go there.

Similar wording

Our refusals, we received two use refusals and one zoning refusal.

Similar wording

The first one was dealing with our maximum Florida area ratio.

Similar wording

We were considered to be 5% over the max.

Similar wording

We submit that's somewhat negligible.

Similar wording

If you look at the total number of gross floor, the GSF, the gross square feet,

Similar wording

we're under 10,000 additional GSF.

Similar wording

We think that it doesn't create that much of an impact,

Similar wording

considering we are on rail yard level going to street level.

Similar wording

The third refusal deals with the maximum number or the minimum number of parking spaces, and those spaces in itself is a result of the laboratory uses that we have.

Similar wording

They calculated that we're at 165 spaces, but we're only providing 71 spaces.

Similar wording

That in itself, we can get into that in a few minutes because I would like to have Mr. Dick Hayden to speak. He's the local development partner and both refusals center around our limitations with the property as a result of building on a rail yard that's overseen by the

Similar wording

of building on a rail yard that's overseen by the Federal Transit Administration

Similar wording

and implemented and overseen as well by SAPTA. So if we can also promote or allow

Similar wording

Richard Hayden to speak. Mr Hayden, please spell your full name and I'll swear you in.

Similar wording

Richard Hayden, R-I-C-H-A-R-D-H-A-Y-D-E-N.

Similar wording

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

Similar wording

Yes.

Similar wording

Thank you, Dick.

Similar wording

Now, Mr. Hayden, what I have on the screen right now is Exhibit 13 in everyone's packet.

Similar wording

And can you describe to me where did this letter come from?

Similar wording

So to provide context for this letter, as Mr. Bovee has laid out, SEPTA owns this parcel.

Similar wording

And as you saw from the earlier aerial presentation from Mr. Bovee, this is the only piece of a 23-acre parcel which can be developed on SEPTA's yards.

Similar wording

The rest of the parcel are, frankly, active rail yards.

Similar wording

So SEPTA undertook this project pursuant to a change in federal law in 2015 with a 2016 guidance where the Federal Transit Administration released guidance documents saying we want to encourage transit agencies around the country to develop parcels that they think have a higher and better use and bring in private development.

Similar wording

The conditions, however, for what's called a joint development agreement under the FTA rules require that you maintain the current public use.

Similar wording

So for design purposes, we had to start with what I call the rail grade level in terms of design.

Similar wording

So you saw that in the rendering, which meant not only do we have to replace the crew quarters,

Similar wording

SEPTA took advantage of this opportunity to expand it by 50%, modernize the interior, and then increase the parking along their rail grade bases.

Similar wording

So what we're left with is the only developed piece of this parcel.

Similar wording

Normally in an I-2 zone, as you guys know, an industrial zone, there's an expectation that you've got a lot of room to do surface parking that's accessory of the building.

Similar wording

That's not the case here.

Similar wording

The tracks are active.

Similar wording

we are occupying 97% of the parcel to accommodate the parking that we can provide on the site,

Similar wording

which is the septal level as well as the deck at the street level for our tenants.

Similar wording

The other issue that we had to consider in terms of parking was that, as Mr. Green mentioned,

Similar wording

this is cell and gene therapy, which has FDA approved, will have FDA approved manufacturing

Similar wording

capacity on site, we have to be very sensitive to vibration issues associated with that kind

Similar wording

of work.

Similar wording

So anytime you try to add and stack multiple levels of parking, you're really subjecting

Similar wording

your uses above that to vibration and other issues associated with, frankly, parking on

Similar wording

site.

Similar wording

So we retained a vibration consultant and expert.

Similar wording

so we're able to program what limited vibration we have now into the building columns

Similar wording

so we can mitigate any vibration impacts for our FDA-certified manufacturing capacity.

Similar wording

So we have an impracticality and impossibility to add additional parking to this site.

Similar wording

And that's pretty much explained?

Similar wording

Yeah, I think that's the correspondence from the general manager of SEPTA

Similar wording

explain the limitations of the site, as well as, frankly, their requirements to first satisfy FTA

Similar wording

and then satisfy their own safety requirements. So the design for the rail grade level has already

Similar wording

been approved by the FTA and SEPTA, and that dictated and drove what we can do from that

Similar wording

point forward, meaning higher up. Yes. So with that said, and thank you, Ms. Hayden. With that said,

Similar wording

I would like the board's attention to back to our refusal, if you will, the third point.

Similar wording

If we look at in the middle, it says we also received the refusal for section 14-516-3b.2,

Similar wording

which basically this is saying

Similar wording

Basically, this is saying when you have a garage, that facade has to have active uses.

Similar wording

when you have a garage

Similar wording

that facade

Similar wording

Now, something about this was very familiar to me at the time, and I realized why.

Similar wording

And if I can stop sharing for a moment and go to, if the board can indulge me.

Similar wording

I am on, I am on the zoning code website and we're looking at 14-15, 5-16.

Similar wording

The particular reference is 3B.2.

Similar wording

This is the reference where it discussed that it should have active uses.

Similar wording

I realized when I read this, I knew why it was very familiar to me,

Similar wording

because this is defining the school pool yards development area.

Similar wording

This does not fit in school pool yards.

Similar wording

It's not part of the Schuylkill Yards development area.

Similar wording

And I did go back and forth with L&I.

Similar wording

I believe Mr. Hayden even discussed it with the Planning Commission.

Similar wording

It is not Schuylkill Yards.

Similar wording

It is, if anything, it abuts Drexel's campus, and Drexel is not Schuylkill Yards.

Similar wording