civus
Hearing video

ZBA Hearing - April 7, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 7, 20219h 42m

half open so i i would uh strongly disagree with council's uh claim that that this property has

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been beautifully maintained this picture is an anomaly on a good day um if and i did submit

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the pictures for the record yesterday i hope the uh board members had an opportunity to view them

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uh more uh moreover i have not heard of uh the community group community on the rise i uh

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have not had no previous dealings with them before this issue last i heard they were from

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mcgee avenue which is miles away from this property and uh you know i don't know uh

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yeah, I've never heard of them.

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I don't know if they're legitimate or not.

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So I, you know, I do know

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that Raunhurst Civic Association

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has opposed this measure.

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They do have citations for high grass

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as recently as September of 2019,

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which is probably around the time

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L&I had better things to do at the time.

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So I don't, the property owners

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had this property since 2007 uh i guess theoretically he's had three tenants till

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2000 since 2007 he's not invested one iota back into this property and uh i i think and i you

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know correct me if i'm wrong but the only reason we are here is because he was he got caught um

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So I don't see a hardship with the, you know, if the, you know, there's no hardship in this property.

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And I think it's an overuse and it's, you know, the ownership and maintenance in this property is very lacking.

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Thank you.

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Thank you.

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Thank you.

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um anyone else to testify in this case please raise your hand here we have lee please unmute

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yourself and wait for the chair hello good afternoon sir please identify yourself first

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and last name lee l-e-e horn h-o-r-n-e we're in the firm to tell the truth the whole truth

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nothing but the truth yes sir please proceed um i am the uh zoning chairman for the runner civic

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association uh i don't want to uh repeat the things that have already been said so i'll i'll

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keep this short the um board members of the runner civic association are not in favor of this project

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We do note that there's no increased parking for more residents.

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This is not the intended use of this building as it was built.

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And personally, I worry how this change will affect the value of homes on the adjacent block, which is Vista, which are single-family twins.

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um i i also will state that i do not know who this other rco was is or claims to be i don't

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know why they were given access to tour of the property and i don't know uh that they have any

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jurisdiction in rawnhurst um everything else that has been said i agree with by the councilman and

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state senator so i will thank you for your time thank you sir you're welcome anyone else

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i see no other hands chair yeah just for clarity when these properties were built

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correct me if i'm wrong were they built a single or uh duplexes these properties were built as

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duplexes along the 2300 odd side of uh of blight okay i just wanted to make sure i was thinking

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of Bly. Okay. I just wanted to make sure I was thinking right. And so the objection is to the

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Right. And so the objection is to.

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third unit, correct? Yes, sir. Okay. Questions from the board? I think I asked already, but I'll

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ask you. No questions. No. Planning commission. Good afternoon, board. Peter Bernard for the

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planning commission. This property is indicated for single family residential in the comprehensive

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plan. The property is already in use as a duplex. We feel the addition of another unit represents

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an overuse of the property and that the applicant has failed to demonstrate any hardship. According

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to the granting of the variance. Thank you. MI 2020-000148. Well Mr. Chair can I

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can I just also point as far as any issues that the board is having with hardship I just would

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like to again point out that the testimony was that this property is currently set up for three

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separate units so we have three separate utilities we have three separate entrances this is not set

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up for a single family property and as I stated before we have a property certificate for the two

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units so this would just be a minimal increase to increase the use from the permitted two units just

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for an additional unit so you're saying you're saying it's set up for a triplex it's the i only

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i see three three meters generally generally one meter is the public meter and the other ones would

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be for each uh for the other units individual units so it's really set up for a duplex well

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inside of the property it's also i can show you interior pictures um and so each unit is its own

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separate unit with yeah but that doesn't mean that obviously you're here because you're an elite

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you're trying to legalize that it was originally set up as a triplex that's why i asked the question

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of the gentleman from the ron herr civic these were originally built as duplexes right and and

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so but my client did not change it into the triplex it so there's no self-created hardship

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here they they're merely trying to be permitted to use these the or increase i'm sorry

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Yeah, understood.

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And so internally, these are all set up as three distinct units.

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So it would be a tremendous hardship to have to change this from the two units that it's currently set up for.

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Or I'm sorry, to change the three units back into the two units.

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To the way that it's currently configured on the interior.

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And the fact that it has three separate utility meters.

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And three separate.

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again and i won't be labored to point the three meters one meter there's a meter for each unit

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and then the third meter is what is referred to as the public meter so you would need it you would

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need four meter meters for it to be considered a triplex um if sunny is still available i mean he

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I got it please I don't mean to be disrespectful I think we got it all right MI 2020-000148

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2301 Bly Street my vote is no my vote is no my vote is no my vote is no my vote is no my vote is

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no thank you uh Carol I think now is the uh five to five to 13 all together five through 13 and 15

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Okay, yeah, I have that down. Calendar number 2332-2301 Master Street. Calendar number 0660-2401 Ingersoll Street. Calendar number 3314-2400 Ingersoll Street. Calendar number 3386-2415 Master Street.

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Calendar number 0663-2418 Master Street

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Calendar number 3132-2421 Ingersoll Street

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Calendar number 3387-2411 Master Street

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Calendar number 0867-2448 Master Street

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Calendar number 0866-2450 Ingersoll Street

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and calendar number 1-2-3-8-24-53 Ingersoll Street.

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The attorney is Meredith Berliger.

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There you are.

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Good afternoon.

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Name an address for the record, please, and spell your last name.

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Sure.

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Meredith Berliger with Delworth Paxson, F-E-R-L-E-G-E-R, 1500 Market Street, Suite 3500E.

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if the administrator can also allow Darwin Beauvais access, as well as my co-counsel.

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access, as well as my co-counsel. Sorry. Okay, that's always the thrill. Do you swear

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Sorry.

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Okay, that's all we need.

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for me to tell the whole truth and nothing but the truth? Certainly. Do you also agree to waive

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the reading of the refusal and stipulate to its accuracy? Yes, with the exception of 2301 Master

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Street and 2421 Ingersoll Street. We do believe those refusals were issued in error, and I will

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cover that in the presentation okay have you emailed the exhibit packet with proof of ownership

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tax compliance refusal referral photos plans five days in advance of this hearing and have you met

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with the rco and do you have a letter yes to all the above oh there you are mr beauvais do you

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swear or affirm to tell the whole truth and nothing but the truth so help me god

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so so help god help you and i assume that you also agreed away the reading of the refusal

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and stipulate to its accuracy except for the exceptions okay that's correct it's always good

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to see all of you uh madam vice chair it's also also you mr chairman

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thank you sir thank you okay someone can proceed thank you very much uh okay so first of all thank

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you for reading out all of those addresses there's 10 in total uh the developer here today

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is philadelphia housing authority and i have several representatives on the line today that

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will testify about the history of the project and what they're looking to do here. Architect is Chris

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Stigler with Blackney Hayes. I also will bring him on to kind of walk you through this in some

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detail. But before I do that, just a little bit of background. The proposal before the board today

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is being pursued by PHA in conjunction with the Philadelphia Department of Housing and Community

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development or dhcd and represents phase 4a of the sweeping redevelopment of the sharswood blumber

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neighborhood for 58 units of affordable housing the board is likely familiar with the project

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as a result of hearing variance requests for several prior phases that were all approved by

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this and prior boards the project has received expressions of support from dhcd the city planning

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commission as well as received a letter of non-opposition from the coordinating rco brewery

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town shardswood community civic i am also hopefully that mary jones from council president's office is

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still on the line as i do believe he will also be expressing his support we do understand that

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a lengthy letter of opposition from several neighborhood residents was sent to the board

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so as a result we will need to walk the board through this in some detail and we will do our

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very best to be concise. I did submit to the board a lengthy exhibit packet containing 29 exhibits.

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Now given the length of the exhibit packet, I prepared a separate presentation that will be

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easier to walk you through. However, please note that the full over 600 page exhibit packet

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does include all of the tax clearances, copies of appeals with refusals, deeds, code sections,

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required notices, and other detailed evidence that support the variance request before the

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board today. The letters of support that I referenced are included at Exhibit 13.

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I'll start with some general background, and then I'll bring up my first witness.

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I'll discuss the refusals during the course of the presentation.

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If the board refers to Exhibit 2, which I now have up on the screen, you'll see an overall

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key plan of the proposed development, which spans an area extending from North 23rd Street

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all the way over to North 25th Street and between Harlan Street here to the north and

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Ingersoll Street to the south. Overall, there are 10 separate appeal applications before the board

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today. If you refer to the aerial, and I'll bring up, I'll zoom in a little bit on this.

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This is at exhibit 12. You'll notice that the area is currently a mix of vacant land

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and a smattering of remaining structures. The proposal sits next to the large Valks school

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here on Master Street. Now, as of the time that we filed the 10 zoning applications,

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which was last May, the properties were at the time all zoned RM1 with some corner CMX2 zoning.

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They were reviewed in accordance with that RM1 and CMX2 zoning. Now the board should note that

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rezoning bill number 200144 passed out of the rules committee in September several months after

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passed out of the Rules Committee in September several months after these applications were

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reviewed by L&I. You'll see that full bill at Exhibit 11 and images of the map changes up on

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the screen. So as you can see from the zoning map currently, which is at Exhibit 10, the properties

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are now largely zoned RSA5 with one site 2301 remaining RM1 but no longer really any CMX2 zoning.

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At this point if the administrator can look for Nicholas Dima with PHA.

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Nicholas you can free you're free to unmute yourself I believe I did

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Mr. chairman if you can swear Mr. Dima in or Miss vice chairman chairwoman are you are you there

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Mr. Dima yes I am can you hear me uh yes did you put your name and address on the record yet

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I did not. Can you please do so? Sure. My name is Nick, N-I-C-K, DEMA, D-E-M-A, representative of the Philadelphia Housing Authority, located at 2013 Ridge Avenue, Philadelphia, PA, 19121.

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

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I do. Okay. Chair, I'm turning it over to you.

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Thank you. Mr. Dima, you've already put your name and address on the record. Could you share

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with the board how long you've been with PHA? Approximately five and a half years.

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And you've been involved with this project largely since its inception?

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Correct. One of the reasons for coming to PHA was given my experience in development and really

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to take a lead on this particular major initiative by the Housing Authority. Now, this project is

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being funded with a combination of Pennsylvania Housing Finance Agency tax credits, as well as a

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Choice Neighborhood Grant. Is that correct? That is correct. Now, first talking about the Choice

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Neighborhood Grant, am I correct that there were two separate phases of this grant referred to as

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the transformation plan and then the subsequent implementation phase is that correct that is

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correct we received a choice planning grant in 2014 and then last year we see re excuse me and

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that was in the amount of close to a million dollars and then last year we received a choice

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implementation grant in the amount of 30 million dollars and so the board understands a little bit

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of the history here. Can you briefly explain how the transformation plan came to be and who was

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involved in that planning phase? Now as Nick speaks, you'll see up on the screen just a few

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snapshots that I pulled from that transformation plan. The full plan itself is 50 pages and was

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released in 2015 and is in your exhibits at 21. So Nick, if you can just give them a little bit

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a history of how that plan came to be. Sure. So the CHOICE initiative is really centered around

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a public housing site. And for this particular initiative, it was our Blumberg Housing Development,

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which is not in the middle of this neighborhood. It consisted of 500 public housing units

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located in three high-rise buildings and a series of low-rise buildings.

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From PHA's perspective, this was one of our toughest sites.

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So when we applied for the planning grant, it was centered around the redevelopment

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of the Bloomberg campus, but also choice not only wants to recognize the redevelopment of

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a distressed public housing site, but how will you also have a planning that will address

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what the neighborhood and the community wants. So we applied for a planning grant in 2014.

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we were successful. Under the choice regulations, you really have to do about a two-year planning

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process to work with all of the community members and stakeholders within the community

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to really come up with what we call a transformation plan, which is a vision of

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really driven by the community and not by PHA. So in summary, our transformation plan through

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about two years of constantly meeting with various stakeholders.

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The overall plan came up with, we would like to develop 1,200 new housing units.

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That included the complete demolition of the Bloomberg campus, except for one high-rise

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building.

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The other piece of the choice, it's not only housing, but there's what they call neighborhood improvements and people improvements.

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The other piece of the choice, it's not only housing, but there's what they call

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From the neighborhood improvements, we have two initiatives.

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One is to create Ridge Avenue as a major commercial corridor.

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And some of our recent activities kind of support that.

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We recently built a $50 million headquarter building along Ridge Avenue.

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And we recently closed on a mixed-use retail shopping center right adjacent to PHA's headquarters.

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And from a neighborhood perspective, as Meredith indicated, this development is right next to the Vox School.

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That was originally a public school that was closed in the neighborhood, as well as another school, Reynolds Schools, to kind of show the devastation that was going on within this neighborhood.

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there were two local schools that were shut down. In addition to this initiative, just to give a

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sense of the blight that was kind of around the Bloomberg development, in 2016 we completed the

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acquisition of over 1,500 parcels. Just to give you a sense of those parcels, 800 of those parcels

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were already in public ownership in one form or another, whether it was the city, the redevelopment

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authority, or other city agencies. The remaining 500 were public, and of the 1,300 parcels that

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we acquired, less than 100 were actually occupied, and about 70 to 80 percent of those parcels were

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vacant lots. And then also, as I was saying, from the neighborhood perspective, PHA also acquired

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both the Vox School and the Reynolds School. PHA converted that closed high school into what we

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call kind of a quasi-public school. It is a Philadelphia high school, but there is a private

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partnership that actually runs the school. And we've also created a major community center there.

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