civus
Hearing video

ZBA Hearing - February 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 21, 20246h 33m

Urban Parks, and a board member of the McCard Center at the University of Pennsylvania.

Similar wording

Thank you. I'd like to introduce Charles Neer as an expert in landscape architecture.

Similar wording

thank you uh mr near can you please briefly describe your role in this project

Similar wording

for the past six and a half years i've been a project manager for the fdr park plan

Similar wording

and the subsequent implementation projects this picnic and play project is one of seven

Similar wording

implementation projects currently underway at fdr park thank you aside from the need for a

Similar wording

special exception due to the removal of 48 heritage trees from the site is it accurate

Similar wording

that the proposed project is otherwise code compliant?

Similar wording

Yes, this project is co-compliant

Similar wording

and has been reviewed by the city.

Similar wording

Thank you.

Similar wording

Looking again at the exhibit shared on the screen,

Similar wording

we heard previously from Mr. Trumbauer

Similar wording

about the ecological study that he helped undertake

Similar wording

following the original 2019 plan for FDR Park.

Similar wording

Mr. Trumbauer testified that the original plan

Similar wording

was revised to reflect what was learned

Similar wording

in the ecological study of the park.

Similar wording

Can you tell us specifically

Similar wording

about how that plan was revised?

Similar wording

Sure. After the 2019 park plan, several things changed that required us to revisit the plan.

Similar wording

First, the first T decided to leave the park, which opened up over 12 acres of land to be included into the ecological core.

Similar wording

Secondly, we learned that Bel Air Manor belongs from the historic register and requires a more significant landscape setting.

Similar wording

And third, we audited the entire site to identify where the high-quality habitat existed and where

Similar wording

we had the potential to develop new high-quality habitat. This was the work that Mike Trumbauer

Similar wording

mentioned previously. The resulting 2022 park plan has significant revisions that expands the

Similar wording

ecological core to 60% of the site, which is over 200 acres, to maximize the environmental benefits

Similar wording

to the park and therefore to the city as a whole. The multipurpose fields have been pushed even

Similar wording

further to the edge of the park and have been cited to avoid the identified areas of high-quality

Similar wording

habitat that Mike Tronbauer has spoken about. The fields are raised and they're aggregated into

Similar wording

groups for efficiency of construction, for use, and maintenance, while opening much of the central

Similar wording

lower portion of the abandoned golf course for the nature phase project within the ecological

Similar wording

core that Allison spoke of earlier. We made the decision to prioritize the areas of high-quality

Similar wording

habitat over the 48 individual fairway trees that we can provide a much larger ecological benefit

Similar wording

to the park and therefore the city. For this project, we have to balance social equity with

Similar wording

ecological resilience. Thank you. I'm going to turn to Exhibits 8A and B, which show our tree plan

Similar wording

for the proposed project. Did you help create the proposed planting plan?

Similar wording

Did you help create the proposed planting plan?

Similar wording

Yes, WRT created this plan.

Similar wording

Was an effort made during the course of designing the project to preserve or save as many trees in the site as possible?

Similar wording

Yes, we're saving over 120 trees. Given that the fields in the recreation areas need to be raised as much as 8 to 10 feet in places, we have limited practical alternatives to avoid the 48 fairway trees.

Similar wording

It is best practice to align the fields north-south. We can't impact Bel Air Manor, we can't build over Shepard Creek, and we can't impact the more sensitive, higher quality areas of the habitat that are adjacent to this location or in other parts of the park that Mike already spoke of.

Similar wording

We were able to save as many trees as possible around Bel Air Manor and places east of the manor when routing the alignment for the Maltese Trail. This is an area where the grays are already relatively high and we do not need to fill any further.

Similar wording

Thank you. In order to comply with the tree replacement requirements of the zoning code, how many trees are proposed to be planted as part of this application?

Similar wording

We are proposing 1,025 new trees.

Similar wording

All of the trees are proposed to be 2.5 inch DBH, which means diameter at breast height. Can you tell us why this size tree was chosen?

Similar wording

Well, 2.5-inch caliber trees are the minimum required tree replacement size, as indicated in the Philadelphia Zoning Code listed in Section 14-705 tree replacement requirements.

Similar wording

But 2.5-inch caliber trees are also an ideal size for tree planting.

Similar wording

They have shown to have less issues acclimating to new sites, have less root disturbance when being transplanted from nurseries,

Similar wording

are easier to move around on site, and most importantly, may outgrow a larger caliper tree

Similar wording

planted at the same time within five years. A larger caliper tree would be more expensive,

Similar wording

require more robust equipment to move them around on site, and they do not establish as quickly as

Similar wording

smaller trees. Thank you. Will the new trees planted differ from the trees that are proposed

Similar wording

to be removed in terms of species or other attributes? All the new trees specified for

Similar wording

the project, all 1,025, are from the City of Philadelphia approved tree list. They are all

Similar wording

native and will be well adapted to a hotter, wetter future that we are already facing in the

Similar wording

city. The biggest difference is that these new trees will be planted in ideal growing conditions

Similar wording

that will allow them to survive and thrive. Raising the ground out of the constant presence

Similar wording

of water and providing well-drained soils with room for roots to grow will give all of these

Similar wording

trees the best chance to significantly add to the urban tree canopy and the city. The challenge

Similar wording

with the current fairway trees is that they are all growing on poor urban soils with constant

Similar wording

water inundation. That will only get worse. Tree roots do need water, but they also need nutrients

Similar wording

and air, and they can't get them if they're constantly being drowned. The newly proposed

Similar wording

trees will be better suited to a more resilient future and will play a large role in jump-starting

Similar wording

the ecological recovery process in the park. Thank you. I'm going to turn now to Exhibit 10,

Similar wording

which includes the zoning code's requirements for special exception approval for the removal

Similar wording

of a heritage tree. Are you familiar with this section of the code? Yes, I am. One of the

Similar wording

requirements includes compliance with section 147051G for tree replacement requirements.

Similar wording

Are you familiar with this section of the code? Yes, I am. Okay. Is it true that

Similar wording

all trees uh 2.5 inch dbh or larger proposed to be removed and the proposed replacement trees have

Similar wording

been indicated on the site plan included in exhibit 8a yes they have all been indicated on

Similar wording

the site plan is it true that the total caliper inches of replacement trees exceeds the total

Similar wording

caliber inches of all trees proposed to be removed from the lot

Similar wording

yes the total caliper inches of the proposed tree planting exceeds the total inches of dbh of all

Similar wording

the trees proposed to be removed from the lot thank you is it also true that each replacement

Similar wording

tree is proposed to be at least 2.5 caliber at planting yes all retracement replacement trees

Similar wording

are 2.5 inch calipers indicated in the philadelphia zoning code and can you confirm that the proposed

Similar wording

replacement trees will be located on the same lot as the trees proposed to be removed?

Similar wording

Yes, all proposed replacement trees will be located on the same lot as the trees proposed

Similar wording

to be removed.

Similar wording

Thank you.

Similar wording

An additional requirement for the special exception approval for the removal of heritage

Similar wording

trees is that we comply with section 143037, which are the general special exception criteria

Similar wording

within the code.

Similar wording

And that provides that the special exception will not cause specific detrimental impacts

Similar wording

to the neighborhood beyond which that might normally be expected from the proposed use.

Similar wording

Mr. Neera, are you familiar with section 14.3037? Yes, I am. In the present matter,

Similar wording

Yes, I am. In the present matter, the proposed use is the removal of the 48 heritage trees.

Similar wording

the proposed use is the removal of the 40.

Similar wording

In your professional opinion, is it correct that the grant of the special exception will not cause

Similar wording

congestion in the public streets or transportation system beyond that which normally might be expected

Similar wording

from the proposed use? Yes, that is correct. Is it correct that the grant of the special

Similar wording

exception will not cause overcrowding of land beyond that which normally might be expected

Similar wording

from the proposed use? Yes, that is correct. Is it correct that the grant of the special exception

Similar wording

will not impair the supply of light and air to adjacent property beyond that might normally be

Similar wording

expected from the proposed use? Yes, that is correct. The proposed project is located in a

Similar wording

large city park. Therefore, no negative impacts to the surrounding area are anticipated. Is it

Similar wording

correct that the grant of the special exception will not burden water, sewer, school, park, or

Similar wording

other public facilities beyond which might normally be expected from the proposed use?

Similar wording

That is correct. The proposed project will be permitted and coordinated with PWD,

Similar wording

PADEP, and other reviewing agencies. Is it correct that the grant of the special exception

Similar wording

will not impair or permanently injure the use of adjacent conforming properties beyond that

Similar wording

which might normally be expected from the proposed use? Yes, that is correct. Is it correct that the

Similar wording

grant of the special exception will not endanger the public health or safety by fire or other means

Similar wording

beyond that which might normally be expected from the proposed use?

Similar wording

Yes, that is correct.

Similar wording

Is it correct that the grant of the special exception will not be inconsistent with the comprehensive plan?

Similar wording

Yes, that is correct.

Similar wording

And is it correct that the grant of the special exception will not cause general detrimental impacts on the neighborhood

Similar wording

beyond that which might normally be expected from the proposed use?

Similar wording

Yes, that is correct.

Similar wording

In your professional opinion, do you agree that the project cannot be practically redesigned

Similar wording

to protect the heritage trees without compromising the programming or impacting the other important

Similar wording

ecological features of the park? In my professional opinion, I believe the project cannot be practically

Similar wording

redesigned to protect the 48 trees proposed to be removed. Locating the elevated program elsewhere

Similar wording

in the park would result in greater environmental impacts. Aggregating the recreational program to

Similar wording

the edge of the park and keeping them high and dry and usable allows the rest of the ecological

Similar wording

core to provide the maximum ecological benefits and services to the park and to the city.

Similar wording

Thank you, Mr. Neer. Those are all my questions. Do any members of the board have further questions

Similar wording

for Mr. Neer? No, no questions. We would like to move applicants exhibits 1 through 26 into evidence.

Similar wording

share your mute

Similar wording

counsel one of the things we're going to do is that we know we have

Similar wording

people in the audience on both sides of this who want to express themselves yes want to have to

Similar wording

have a resumptive date for a further hearing you've presented your case we'll come back

Similar wording

and we're going to have a we're going to get a date as soon as we can and we'll have a resumptive

Similar wording

hearing we'll make sure that all parties are notified of where we stand um but it's just too

Similar wording

much to try to get in today because we have so many other cases that's still here today

Similar wording

mr chairman may i ask just a clarifying point and we totally understand um well at least when

Similar wording

it comes to the record and the ability for new parties to come with new evidence as opposed to

Similar wording

testify as to a neighbor or whatever when it comes to public comment is that the record is

Similar wording

closed for opponents in opposition as opposed to testify well what i'm saying is there's no one

Similar wording

else left other than we open it to the public and when the public when the public comes they will

Similar wording

express their voices both ways either for or against although we we do know there's a lot

Similar wording

of people who want to testify.

Similar wording

Understood.

Similar wording

If someone shows up at a later date, they're not going to be happy.

Similar wording

We have to call witnesses back so they can be cross-examined.

Similar wording

We're going to try not to have to call anyone back.

Similar wording

Thank you.

Similar wording

And Mr. Chair will also take the recommendation of the Planning Commission at that time.

Similar wording

That's right.

Similar wording

So we'll open it up to the public, take it from the Planning Commission, and vote.

Similar wording

Thank you.

Similar wording

Thank you, Mr. Chairman.

Similar wording

And thank you very much. And thank you. Thank you, witnesses for us. We appreciate your presentation, but we will make sure the next time we have a little bit more time to concentrate on this and get it through.

Similar wording

Thank you.

Similar wording

See here. Number number five.

Similar wording

Let's see here. Number five.

Similar wording

Hillary, are you muted?

Similar wording

Oh, I'm sorry, Mr. Chair. What was your question?

Similar wording

No, no, I'm ready for it. We're going to move on to our regular list again.

Similar wording

Number five, MI-2023-006-619-1214 South 22nd Street.

Similar wording

Darwin Beauvais is the attorney.

Similar wording

There is a letter of support from the Point Breeze Community Development Corporation

Similar wording

and also a letter, applicant provided a petition in support.

Similar wording

Tom Bovet will be rejoining as a panelist, Mr. Chair.

Similar wording

Hi, Mr. Bovee. Could you state your name and spell it, please, for the court stenographer?

Similar wording

Yes. Darwin Beauvais. Darwin, B-E-A-U-V-A-I-S. Beauvais, B-E-A-U-V, as in Victory, A-I-S, as in Sam.

Similar wording

I'm from the Obermeyer Law Firm at 1500 Market Street.

Similar wording

Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

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

Similar wording

Yes, my client is 1214 South 22nd Street, LLC. The representative is Khaliq Rees. He should be in the audience if he can identify himself by keeping his hand raised throughout my presentation.

Similar wording

Our vice chair has a few questions.

Similar wording

Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate towards accuracy?

Similar wording

I do.

Similar wording

Have you emailed in all the required documents and exhibit five days in advance to proceed

Similar wording

with this case? I have. Thank you. Please proceed and share your screen, Council.

Similar wording

can the board see we can oh first and foremost mr chairman um we do have an issue with our tax

Similar wording

clearance certificate so if the board can just hear our case and hold it while we rectify that

Similar wording

Okay. All right. Thank you. So, Mr. Chairman, members of the board, it's an honor to be here. I represent the owner of 1214 South 22nd Street. We submitted Exhibits 1 through 14, which includes not only our refusal deed, plans, prior permits, but also photos.

Similar wording

Like I mentioned, we have Faleek Reese, who is the owner of the property, and he is here with us today.

Similar wording

I would like to direct your attention to, and let's just start with Ariel.

Similar wording

Here's the property, 22nd Street.

Similar wording

This is Manton Street here.

Similar wording

The property is where the red dot is.

Similar wording

And also, if you can see, there's it looks like there's a car legally parked on on the sidewalk, which tends to be common in South Philadelphia.

Similar wording

You can see further up across the street, cars are parked, but also want the board to notice the small little alleyway, which will be significant as part of our presentation.

Similar wording

If I could orient the board to what our property looks like, first and foremost, let me just inform the board that this is a project where we're already under construction to converting what was a two-story building into a three-story single-family home.

Similar wording

We sit in an RSA 5 residential district, and we found the opportunity to redevelop the property and create what will be a beautiful home.

Similar wording

This is a permit showing that we're adding an additional story and creating a roof deck.

Similar wording

um as a result we're before you today because we've decided to also create a small garage

Similar wording

on the side where in fact let me just go back where

Similar wording

In fact, let me just go back where this illegal parking is.

Similar wording

We're creating a small garage.

Similar wording

Also, for the board to note, there is no parking allowed on that side of the street.

Similar wording

Parking is allowed on the opposite side.

Similar wording

And although we front 22nd Street, all the activity happens on Manton.

Similar wording

let's go to our photos this is what the property looks like currently we're in the middle of

Similar wording

construction again because we've already started redeveloping a property we I guess the need to

Similar wording

park on the side has uh has been deterred by fellow uh visitors of the block and

Similar wording

we are happy about that here's a rear view of the construction

Similar wording

here interiors

Similar wording

And this is on 22nd Street, and as I mentioned before, all the activity happening on the side street.

Similar wording

As you can see, even if you look past our property, there's parking on, which there shouldn't be parking.

Similar wording

here's evidence of our posting and this is across the street so as i mentioned there's parking a

Similar wording

long side of manton on the opposite side

Similar wording

but i want the board to note that there is a garage directly across the street

Similar wording

um this is what we believe is the approval for that garage as you can see here are other garages

Similar wording

along in the neighborhood

Similar wording