Fairmount Civic Association

741 N 23rd Street – Community Benefits Agreement

PROPOSAL #1

Draft – August 1, 2019 FCA Board written prior to the ZBA hearing using input from the June FCA meeting

This property is located in a residential area with homes on three sides and the operation of a sit-down restaurant needs to be sensitive to the residential environment. The nearby neighbors are concerned about excessive noise, strain on availability of street parking and that patrons/staff are respectful towards the neighbors.

In recognition of this, the following provisos should be included in the ZBA (Zoning Board of Adjustment) approval of zoning variances to operate a first floor sit-down restaurant with bar and a second floor banquet room at 741 N. 23^rd Street.

• The operator will ensure that any music or amplified sounds will be confined to the interior of the property and that windows and doors will be kept closed to preclude the sounds from disturbing the nearby residents.
• Events/occasions having music or amplified sounds will be limited to 9:30 PM on Sunday thru Thursday nights and to 11 PM on Friday and Saturday and holiday eves.
• No external speakers or amplifiers will be used unless in conjunction with a recognized neighborhood event such as a street fair or block party. The time parameters above will also apply in these cases.
• An unintended consequence of the no smoking laws is that smokers step outside and continue conversations in the street sometimes waking neighbors at late hours. The operator will train staff to encourage patrons to be respectful of the neighborhood.
• Events in the banquet room will be limited to 80 patrons.
• The operator will be responsible to ensure that the outside perimeter of the property is regularly cleaned and maintained to a high standard.

PROPOSAL #2

September 10, 2019. Written by the near neighbors and shared at the Special meeting held September 12

Draft Community Benefit Agreement (CBA), Revision #3

This agreement is entered into by the Fairmount Civic Association, hereinafter referred to as “FCA,” and 

Aspen Real Estate Holding, 2048 A Fairmount Avenue, Philadelphia, PA 19130, hereinafter referred to as “Owner(s).” The purpose of this agreement is to set out the conditions by which Owner(s) and any Tenant who shall rent 741 North 23^rd Street from Owner(s) shall abide concerning the conduct of any dining establishment operating at said address.

FCA and Owner(s) agree to the following:

1) Owner(s) of 741 North 23^rd Street CBA shall attach this CBA document to any lease of the property, and Owner(s) agree that they will enforce the terms of this agreement with any Tenant leasing the property. 

2) Owner(s) and Tenant at 741 North 23^rd Street will adhere to all relevant Philadelphia code provisions, regulations and rules, and engage with the neighborhood in a manner that promotes amity and good relations between residents and commercial tenants.

3) Tenant must adhere to Philadelphia code related to noise (http://www.nonoise.org/regulation/ordinance/Philadelphia,%20Pennsylvania.pdf), and Tenant must cease all noise at 10:00 PM weekdays and weekends.

4) Tenant is prohibited from setting up any outside audio-visual media.

5) Tenant must make all outside signage dark outside of hours of operation.

6) Tenant must not use the door at 23^rd and Aspen or the door at 742 Croskey as a regular entryway or exit.

7) No customers/employees of Tenant are to access the 3^rd floor/2^nd floor roof deck from the prep kitchen or the storage area.

8) Tenant must remove trash in a manner consistent with the Philadelphia Code (https://www.phila.gov/media/20181003154610/Food_Regulations.pdf), and trash removal shall not take place prior to 8:00 AM. Tenant must dispose of oil in according to the requirements of the Philadelphia Department of Public Health and the Philadelphia Streets Department. 

9) Tenant must on a daily basis or as frequently as necessary power-wash or otherwise thoroughly clean the outside sidewalk on the 23^rd Street side and Aspen side of the property to avoid food and waste accumulation.

10) Tenant must adhere to all provisions of the Pennsylvania Clean Indoor Air Act (https://d3hyaksbtf7nqa.cloudfront.net/live/uploads/2016/06/Clean-Indoor-Air-Act.pdf). If Tenant permits smoking outdoors, Tenant must provide receptacles for appropriate disposal of tobacco and other smoking products per the Guidance from the Pennsylvania Department of Health (https://www.health.pa.gov/topics/programs/CIAA/Pages/Guidance.aspx). Tenant must clean sidewalk of smoking detritus on a daily basis if necessary.

PROPOSAL #3

September 12, 2019 Prepared by the SGCDC

The following provisions, in brief summary, are additional provisions found in the proposed joint draft Community Benefits Agreement (“CBA”) between the Spring Garden CDC (“SGCDC”), Fairmount Civic Association (“FCA”) and Aspen Real Estate Holdings, LLC (“Owner”).  These provisions are in addition to the community defined provisions stated in Larry Reynolds FCA letter to the ZBA Board dated August 19, 2019 and the provisions found in Judy Greif and team’s document dated September 10, 2019.  The provisions stated in both documents, by and large, have been incorporated into the joint draft Community Benefits Agreement (“CBA”):

1. … continued use of 3^rd floor for an apartment, office and storage, and no restaurant/bar use on the 3^rd floor.
2. …no application to extend the liquor license to the 3^rd floor or a roof deck.
3. …no roof deck/roof top/balcony restaurant or bar use, and no application made to approve, legalize, construct, or expand same.
4. …restaurant hours of operation 7:00am to 2:00am following day (?)
5. …outdoor café dining hours 10:00am to 10:00pm; cleanup until 10:30pm.
6. …venting of all cooking via an Ansell system, vented above roof, with scrubbers to eliminate odors.
7. …any new signage to be approved by FCA and SGCDC in advance and no neon, internally lighted, digital, or flashing signs.
8. …installation of security cameras.
9. …no new downspouts, wires, antennas, cables, or conduits of any kind affixed to the front or side facades of the Property.
10. …no gas or electric meters on the front or side facades of the Property and all meters shall remain in the interior of the Property.
11. …carpet cleaning between 9:00am and 5:00pm.
12. …work hours during renovations: 7:00am to 7:00pm Monday through Saturday.  No Sunday work, except interior work not audible from outside Property.  Excessively noisy work between 8:00am and 6:00pm.  
13. …any new HVAC units at least 17 SEER to minimize noise nuisance.
14. …remedies section in the event of material breach of Agreement…
15. …binding section to any lease, management agreement or sale or transfer of the Property…
16. …option to record Agreement 

We are pleased to announce a SPECIAL Meeting to discuss  741 N 23rd St Rembrandt’s/Frankie Ann’s) on Thursday, September 12 from 7:00 at the City School. A continuance was granted at the August 21st ZBA meeting until October. This meeting will be in addition to our regularly scheduled FCA meeting to be held on September 26.  All neighbors are invited to attend to listen to the new plans that were presented at the ZBA hearing.  Unfortunately the revised plan did not give the FCA sufficient opportunity to present to the neighborhood. We expect the lawyers and owners to be in attendance to present and answer questions.  We also hope to enter into a “community agreement”. If you have any suggestions, please forward them to me at: president@fairmountcivicassociation.org or to Kellyann Beene at: kellyannbeene@gmail.com

Minutes for the January and March 2019 Membership Meetings have been posted at http://www.fairmountcivicassociation.org/minutes/ .

Announcing the Winners of the 3rd Flowering Fronts of Fairmount Contest! We have broken out the winners into Large/Small categories because some homes have a larger space in front. Thank you to all the neighbors who entered, Doreen and Miriam for being our our volunteer judges and ACE Hardware and the FCA membership for supporting prizes.

Large category
1st: Efren Cazales – 2800 block Cambridge Street

FFoF ’19 Large Division Winner