civus
Hearing video

ZBA Hearing - June 22, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jun 22, 20224h 7m

um back uh in june 10 2021 by the passage of bill number two zero zero seven one three

Similar wording

by the city of philadelphia city council um the proposal generated a refusal

Similar wording

The proposal generated a refusal for the number of dwelling units due to the downzoning as well as a refusal to the proposed height of the new structure exceeding the allowable height and now CMX2.

Similar wording

for the number of dwelling units due to the

Similar wording

These are the two variances that we're requesting our refusal for, as was on the screen a few minutes ago.

Similar wording

I also just, for the record, also want to challenge and provide for a constitutional challenge that has to be incorporated into the record where we're challenging the substantive validity of the property's new CMX2 zoning as it's arbitrary and capricious and lacks any reasonable connection to urban planning principles and or the city's own planning documents.

Similar wording

The rezoning exceeds the limits of the city zoning powers established by the Pennsylvania Zoning Enabling Act and violates the applicant's right under Article 1 of the Pennsylvania Constitution and Fifth Amendment to the United States Constitution.

Similar wording

As such, the proper relief in this matter is to enable the proposed project to move forward granting a zoning variance.

Similar wording

In my memo of law, I obviously have the relevant law related to what the board needs to look out for a hardship argument.

Similar wording

So I will not bore the board with reciting that as part of the record, but it is noted on pages two and three and four of the memo that's contained in this packet.

Similar wording

I want to just transition over to the hardship argument and then I'll have our architect jump on to go through the plans.

Similar wording

Again, the change in this property zoning from CMX two and a half to CMX two represents an unnecessary hardship to the property.

Similar wording

As the project plans cannot be revised to conform to the CMX2 requirements, we had SEPTA approval, given this is on the L, streets approval, all before we were able to finalize and get the zoning approval.

Similar wording

Adhering to the CMX2 requirements would cause great economic harm to the applicant in terms of the cost of revisions and the tremendous loss of value that is generated by a CMX2 compliant development versus a CMX2.5 compliant development.

Similar wording

Again, there was really no sensible reason for our property.

Similar wording

If you look at how the remapping was done, being treated differently in down zone than the properties directly across the street.

Similar wording

All other properties on the other side of this block, as referenced by the zoning maps, as you can see here on the bottom of the screen, remain CMX 2.5, as do all properties on North Front Street on the 2000 north block immediately south of the property.

Similar wording

There are also several newly constructed buildings on the 2000 block that avail themselves the allowances for height and residential density that CMX 2.5 allows for, and for which we have been refused given the downzoning of this property.

Similar wording

Additionally, it's worth noting that file number 210349, a quote-unquote communication in the city's legislative archive related to the rezoning bill, contains the following recommendation that council not pass the subjected rezoning bill.

Similar wording

April 9, 2021, to the President and Members of City Council of the City of Philadelphia,

Similar wording

pursuant to Section 4, 604, and 2307 of the Home Rule Charter.

Similar wording

I am today transmitting to the Council the recommendation of the City Planning Commission

Similar wording

on the following bills, of which this bill is included, not for approval.

Similar wording

I respectfully submitted James F. Kenney, who is our Mayor.

Similar wording

The CMX2 designations application to the property is particularly egregious in light of the 38-foot height limit vis-a-vis the fact that the property block that we're on has the L and the property is located under the elevated railway, the Mark 8-Frankford line.

Similar wording

The resulting effect is that the windows of the rooms facing North Front Street on the first three floors of the project will have views into or under the rail line.

Similar wording

A 38-foot height limitation means that only one floor would have views above the rail line to the sky, whereas the subject and proposed project 62 feet in height would have three floors with sky visibility in the residential units.

Similar wording

Thus, the 38-foot height versus 62-foot height emphasized on our refusal is tremendous in terms of its economic consequences and its effect on the quality of life of future occupants.

Similar wording

Additionally, the 2035 comprehensive plan for the city for the Lower North District Plan does not recommend a zoning change for the property.

Similar wording

That's emphasized on pages 81 and 83.

Similar wording

In fact, the district plan recommends the following for the area around York and Dauphin Station located under two blocks from our property.

Similar wording

It recommends to adjust the zoning to allow higher densities. That's zoning recommendation,

Similar wording

page 74 and 77, and direct development subsidies to these areas, which is emphasized on page 57.

Similar wording

Further, the lower north district plan notes that almost 60% of households on the lower north do

Similar wording

not have access to a car, which is on page 10. Thus, dense residential development in close

Similar wording

proximity to a rail station as proposed here is appropriate and beneficial to the public,

Similar wording

here is appropriate and beneficial to the public even in absence of on-street parking which neither

Similar wording

even in absence of on-street parking, which neither

Similar wording

cmx2 or two and a half require the plan also proposes that the front and kensington commercial

Similar wording

quarter of which this property is part um at the time of the plan's publication provided a 34.3

Similar wording

vacancy rate accounting for 207 000 square feet of land area the subject proposal would actually

Similar wording

insist in curing this condition and the condition itself indicates that the area is well positioned

Similar wording

to accommodate new developments of significant densities. Finally, the River Wards plan,

Similar wording

district plan, which governs the other side of North Front Street, calls for financing and zoning

Similar wording

relief to owners of large buildings and former industrial sites around the market and Frankfurt

Similar wording

line to encourage redevelopment. That's on page 34. The market Frankfurt line is directly in front

Similar wording

of this property. And while the applicant is not sure as the details of the property's past usage,

Similar wording

there is the presence of a hazardous materials permit in the city's archive issued to this

Similar wording

property in 2001. As a result of this, what we're hearing in front of you guys, we believe that

Similar wording

we're seeking the least modification possible to code, again, just for the density allowed

Similar wording

and permitted under CMX 2.5 and height on this project out of the 38 feet to 65 and conformity

Similar wording

with the co-required reduction of this project to a drastically smaller scale, 24 feet shorter

Similar wording

and 19 fewer residential units. The variances we steep are the minimum necessary to enable relief

Similar wording

and are again designed pursuant to CMX 2.5. I'd like to bring on Chris Class from Design Blends

Similar wording

Architecture to go through the plans and specifically discuss the design of the project

Similar wording

and how it relates to some of the challenges around light and air if we were not able to

Similar wording

obtain relief from the code. Chris, could you raise your hand in the audience?

Similar wording

Mr. Klaas, you're free to speak.

Similar wording

Hi, could you state your name and spell it, please, for the court reporter?

Similar wording

Christopher Klaas, C-H-R-A-S-T-O-P-H-E-R-C-L-A-S-S, representing the design of Glenn's architecture.

Similar wording

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

Similar wording

I do.

Similar wording

Proceed, counsel.

Similar wording

Chris, can you share your screen and go through the plans for the board and make sure to discuss the design and the light and air considerations related to the L and its location directly on that railway line?

Similar wording

Would someone be able to permit access for me to share my screen, please?

Similar wording

I'll promote you to panelists then.

Similar wording

Thank you.

Similar wording

is everyone able to see my screen yes thank you as rachel mentioned uh upon

Similar wording

inception of this project, we evaluated the lot, expecting to provide a by-right project

Similar wording

at their request. The parcel was determined to be within the CMX 2.5 district,

Similar wording

which permits high-density residential development and ground floor commercial uses.

Similar wording

You can see in these photographs its proximity to the L and some of the size of the adjacent

Similar wording

and structures. Within this district, buildings of this size are permitted to be within the five

Similar wording

to six story range, and the proposal included 31 dwelling units, which would have been provided by

Similar wording

Wright, utilizing the permitted density bonuses and would have also given us additional building

Similar wording

height allowing a total of 62 feet. Since the change of the CMX 2.5 to CMX 2 that drastically

Similar wording

reduced the permitted building height and density permitted, we felt at the time of this project's

Similar wording

inception that the density being proposed was entirely in line with what is being built within

Similar wording

the community in both north and south and is shown in the adjacent structures but as I go through

Similar wording

the floor plans you can see that the basement is dedicated to much of the utility spaces for

Similar wording

the building so that we can maximize the ground floor commercial space along front street as we

Similar wording

get up to the ground level there's approximately a thousand square foot commercial space with some

Similar wording

dwelling units to the rear and a small lobby area the building will be fully accessible by the

Similar wording

and a small lobby area. The building will be fully accessible by the means of an elevator

Similar wording

and all of our trash for the building will be enclosed within the building with access to Hope

Similar wording

Street. And there are four dwelling units on the ground floor. As we go through the typical levels,

Similar wording

each level has six dwelling units. They range between smaller one bedrooms and two bedrooms,

Similar wording

anywhere between 550 and 850 square feet in size there's a partial amenity roof deck on the sixth

Similar wording

floor and then the roof will be a mix of green roof and space for mechanical units the stormwater

Similar wording

management was evaluated as part of the zoning application that was completed reviewed by the

Similar wording

Philadelphia Water Department. In the building's design, we're really looking to mimic the adjacent

Similar wording

structures and visually reduce the size of the building so that it is more appearing and

Similar wording

pedestrian-friendly. We're proposing four levels of brick to match the adjacent structures and

Similar wording

then toning the building back with panels as we get into the fifth and sixth story,

Similar wording

uh looking to open up as much as possible the ground level and storefront uh to capitalize

Similar wording

on the commercial space that we have available and you can see the use of these materials all

Similar wording

the way around the building looking to include some more detailed brick fenestrations

Similar wording

that also match some of the historic structures

Similar wording

And finally, our zoning application, which illustrates items that we previously discussed, but I can review anything in detail if I request them.

Similar wording

Thank you.

Similar wording

Chris, can you just touch on, for the record, if this had to be compliant with the code at 38 feet, what concerns or design considerations, how that would affect the light and air, especially given the L?

Similar wording

Sure. So, you know, some of the advantage of having the taller building is that we're able to get over the rail. If we were within the 38 foot requirement for the CMX2 district, almost the entire building would be in shadow and we'd have a difficult time getting fresh air, especially from rooftop mechanical units. So that, you know, there's some advantage from a level of living that we can provide in the taller structure.

Similar wording

thank you

Similar wording

um if the board doesn't have any questions for the architect i want

Similar wording

we're fine with the architect awesome uh can you unshare your screen and then

Similar wording

i just want to talk about the community portion of this and then i'm happy to

Similar wording

get my client on and wrap up

Similar wording

are you able to see my screen again yes it's up it's up great so uh we met with the north square

Similar wording

civic association uh north square community alliance as the coordinating rco on may 11th

Similar wording

at 530. We also had subsequent meetings with the near neighbors who formed an organization and will

Similar wording

put their testimony on the record. They provided us with a letter of support as we negotiated a

Similar wording

community benefits agreement and essentially also provided the vote from the RCO meeting that we had

Similar wording

on May 11th in support, 13 in favor, four in favor with conditions, one opposition, and two

Similar wording

continuance, which obviously wasn't necessary at this point. The community benefits agreement is

Similar wording

provided for and the board is welcome to read that at its leisure. I won't go through the details of

Similar wording

it. Lastly, I do want to also mention for the record that we did speak with the directly

Similar wording

affected near neighbors who will speak. But aside from that, we did also speak with the only other

Similar wording

directly adjacent near neighbor at 215 hope street who submitted a letter of support as well for the

Similar wording

project uh so i want to make sure that that's uh mentioned for the board um other than that um i

Similar wording

just would appreciate being able to bring on uh phil balderson who is the uh managing member or

Similar wording

member of Front Street Lofts LLC to adopt my testimony.

Similar wording

Mr. Balderston, you can unmute yourself.

Similar wording

Could you please state your name and spell it for the court reporter?

Similar wording

Sure. It's Philip Balderston, P-H-I-L-I-P, Balderston, B-A-L-D-E-R-S-T-O-N.

Similar wording

Sure. It's Philip Balderston, P-H-I-L-I-P, Balderston B.

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

Proceed.

Similar wording

Thank you. Bill, have you heard my testimony today?

Similar wording

Yes, I have.

Similar wording

Do you believe it to be true and accurate, and do you adopt it as your own?

Similar wording

Yes, it is, and yes, I do.

Similar wording

Thank you very much.

Similar wording

Questions? Go ahead.

Similar wording

Yeah, just nothing further from me.

Similar wording

all right questions from the board no mr chairman questions or comments from the virtual audience

Similar wording

as excuse me chair we have sloan folks okay

Similar wording

uh good uh good afternoon chairman bergman as you go

Similar wording

i think i swore you this morning right sir yes you did sir okay proceed um uh the count um

Similar wording

The applicant, having met with the coordinating RCO, members of the community, and near neighbors, and receiving letters of support from the RCO, near neighbors, and other members of the community, the council member supports this request. Thank you.

Similar wording

Thank you very much, Mr. Folks. Any other comments from the virtual audience?

Similar wording

yes chair we have another uh someone who would like to speak who last name begin with the p i'm

Similar wording

sorry yeah sure that's fine that's fine okay please unmute yourself yes hi nilda i think

Similar wording

you were already sworn but just mention your name and spell for the court reporter one more time

Similar wording

Sure. My name is Nilda, N-I-L-D-A, last name Pimentel, P-I-M-E-N-T-E-L.

Similar wording

All right. Thank you. Proceed, counsel.

Similar wording

Yes. I'm presenting on behalf of NASCAN, the Nori Square Community Action Network, which is a coalition of residents representing over 100 households within a 10-block area in the neighborhood.

Similar wording

We have a steering committee, which is comprised of captains and other residents from these blocks.

Similar wording

Our group was part of the Community Benefits Agreement Committee, put together after the community's only meeting of May 11th, convened by the RCO.

Similar wording

this committee completed after many many hours and consultations completed its work

Similar wording

and made its recommendations to to the RCO zoning committee

Similar wording

NASCAM was to go on record in support of the application that you're considering today

Similar wording

We support this project because we badly need to revitalize the block where the development

Similar wording

is being proposed, which was, as many or some of you recall, was part of a vibrant commercial

Similar wording

Strip, mentioned earlier known as the Kensington Commercial Corridor. This development will also

Similar wording

help enhance security and give a much-needed business in the neighborhood a business that

Similar wording

will be recommended hopefully by the residents. But besides these reasons, the developers have

Similar wording

agreed to provide a set of benefits to make this development acceptable by many sectors of the

Similar wording

community. I want to close by reminding and asking both parties in this case, developers and the RCO

Similar wording

to please not lose sight of the fact that our group expects nothing less than full compliance

Similar wording

to the substantive provisions that were negotiated and the terms and the conditions of the CBA.

Similar wording

I really believe that the goodwill that has been built between the developers and the residents

Similar wording

will help make this happen is enough of an incentive to make this happen and also for

Similar wording

this project to become a model of what a good relationship and collaboration can be developed

Similar wording

between developers and residents. Thank you. Thank you very much. Thank you very much for

Similar wording

calling in. Is there any other comments in the virtual audience? I see no hands, Chair.

Similar wording

is there any other comments in the virtual audience i see no hands chair planning commission

Similar wording

hi mr chair and members of the board this is mason austin representing the planning commission

Similar wording

these lots are designated for commercial mixed use in the comprehensive plan and their cmx2

Similar wording

zoning matches that designation while the lots were up zoned from cmx2 to cmx 2.5 in 2016

Similar wording

they were returned to their current zoning in 2021 following a community-led remapping process.

Similar wording

Whereas under this current zoning, 12 units are permitted by right, even under CMX 2.5, only 21 would be permitted.

Similar wording

Under that previous zoning, the requested 31 units could be earned with participation in the Mixed Income Housing Bonus Program,

Similar wording

but that would require either a payment of over half a million dollars to the City's Housing Trust Fund

Similar wording

or the institution of a deed restriction whereby at least three units are reserved for and made

Similar wording

affordable to very low-income households for at least 50 years. While some affordability has been

Similar wording

promised as a component of the CBA, these agreements have not been reviewed by the Planning Commission

Similar wording

and are not enforceable by the city. Consequently, as there are no features, unique features to the

Similar wording

lot that present a hardship that would necessitate the inclusion of more than double the units that

Similar wording

are allowable by right, PCPC staff recommends denying the requested variances. Thank you.

Similar wording

MI 2022-001-772-2112 North Front Street.

Similar wording

I vote yes.

Similar wording

Harold Teneri, my vote is yes.

Similar wording

Thomas, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

Moving on to number 12.

Similar wording

MI 2022-001-803-2406 Cawley Drive.

Similar wording

Michael Mattione is the attorney.

Similar wording

There is a letter of support from the Packer Park Civic Association.

Similar wording

Mr. Mattione?

Similar wording

Good afternoon, Mr. Chairman. I'm appearing on behalf of Mr. Mattioni.

Similar wording

Could you state your name and spell for the court reporter, please?

Similar wording

Yes, it's Matthew Liley, M-A-T-T-H-E-W-L-E-I-L-I.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client in a relationship to this property?

Similar wording

Sure. My client is Penrose Park Associates LP. They are the owner of the property.

Similar wording