Approves a text amendment to the Denver Zoning Code creating the Side Interior Setback Design Overlay, DO-4, comprised of building forms standards that are consistent with the established character of the area intended to be mapped DO-4 in Council District 9 (2015I-00070). (NEIGHBORHOODS AND PLANNING) Approves a text amendment to the Denver Zoning Code creating the Side Interior Setback Design Overlay, DO-4, comprised of building forms standards that are consistent with the established character of the area intended to be mapped DO-4 in Council District 9 (2015I-00070). IF ORDERED PUBLISHED, A PUBLIC HEARING WILL BE HELD ON THIS ITEM.  REFER TO THE "PENDING" SECTION OF THE FUTURE COUNCIL MEETING AGENDAS FOR THE DATE. The Committee approved filing this bill at its meeting on 5-13-15.  
Kathryn Lopez. Thank you, Madam Secretary, please, because it only announced the results tonight. SheKnows 321 has been placed on final consideration and does pass. All right. Our third combined publication is going to be on Council Bill 322 as amended and 323. Councilman, Councilman, will you please put the council bill 322 on the floor? Yes, sir, Mr. President. And I am doing this correctly, right? Just putting the one bill on the floor and then we're just having the combined public hearing. Yes. Okay. I move that council bill 322 as amended, be placed on series of 2015, be placed on final consideration and do pass. All right. It has been moved and seconded. The combined public hearing for Council Bill 322 as amended and 323 is open. Speakers may address either or both bills. Council will vote separately on each bill at the conclusion of the public hearing. May we have staff report? Thank you, Mr. President. Stephen Ali with committee planning and Development. This is the East Side interior design overlay is both both a text amendment and a map amendment. Again, the the purpose of this text map amendment is to reflect and reinforce the narrow side interior setbacks found in the late 19th century neighborhoods. Specifically, Highland, was the impetus for this overlay. There are a number of areas throughout Denver that have specifically residential areas that were developed in the late 19th century that have fairly narrow side interior setbacks. In some cases, the eaves are touching, but the intent is to acknowledge and reinforce that character with this design overlay. So the same process and I should also mention that Councilwoman Judy Montero initiated this proposed text and map amendment as well. Public notification for the April 29 planning board hearing was emailed to all Arnaud's and all city councilmembers, and signs were posted for the related Map amendment. And then public notification for City Council tonight was emailed to all our knows and signs were posted throughout the neighborhood as well. So the text amendment creating video for this is a very simple, straightforward design overlay for primary building form standards. This three foot side interior setback for zone lots greater than 30 feet and up to 40 feet. And what is allowed today and we kind of talked about this in the previous discussion about a three foot or ten foot combined, four zone lots, 30 feet and up to 40 feet. And what this would allow a three foot minimum sized interior, six foot combined for detached accessory dwelling unit standards. There's a zero foot minimum side to your step back, where today there's a five foot so interior setback. So this is acknowledging the narrower side interior setbacks that exist in this area. All right. The review criteria for a design overlay is the it is a text amendment. So consistency was adopted plans in furthering public health safety and well for the general public health safety and general welfare. And that the text meant results and regulations that are uniform within each zone district. So three plans apply to the Text Amendment Plan 2000 text. The proposed text is consistent with many confident twin goals, including encouraging quality infill development that is consistent with the character of the surrounding neighborhood. Proposed text amendment is consistent with many blueprint Denver strategies, including a single family and single family duplex concept, land use and. And the. The proposed area for which this text movement was written is an area of stability designed to further stabilize and acknowledge the existing character. The proposed sex amendment is consistent with many Highland neighborhood plan strategies, including revitalizing the housing stock and maintaining and stabilizing the character of the neighborhood. The Sixth Amendment furthers the public health, safety and general welfare of Denver residents as it provides for context sensitive and character reinforcing standards that further stabilize the neighborhood. And the Sixth Amendment will result in uniform regulations applicable to all new buildings within land mapped video for CB recommends approval based on finding that the criteria have been met for a text amendment. Now shifting to the map amendment for design overlay for audio for we are in the Highland Neighborhood Council District nine. This is a much larger covers more area than the previous overlays spanning from portions of east of Zuni all the way to almost all up to 25. And then a portion to the south of. Many nights which has you are RH 2.5 zoning. So the review criteria for improvement is consistency with the plans, uniform industry regulations and to further the public health, safety and welfare. There are three plans that apply to this MAP amendment. This proposed map move is consistent with many campaign 2000 goals, including encouraging quality infill development that is consistent with the character of the surrounding neighborhood. The proposed map amendment is consistent with many blueprint diverse strategies, including the single family duplex and single family concept land use. In acknowledging that this is an area of stability and the proposed standards would further stabilize and further maintain the existing character of the neighborhood. The proposed map is consistent with many highland and neighborhood plan strategies, including heightening the sense of neighborhood pride, revitalizing the housing stock, maintaining and stabilizing the character of the neighborhood. This is the map of Blueprint Denver, which covers a large portion of single family duplexes and single family residential. This map amendment will result in uniform regulations applicable to all new buildings within land mapped d04. And this MAP Amendment furthers the public health and general welfare of Denver residents as it provides for context sensitive and character reinforcing centers that further stabilize the established neighborhood so that CPD recommends approval based on finding that all criteria have been met. All right. Thank you. Now we have authority on the wrong bill. We have one speaker timbers. This is becoming a habit again. Timbers 2558 West 32nd Avenue process. You've heard that one already, so we won't go there again. You know, the real purpose behind this design overlay is to make sure that new construction and additions fit better into the historic development patterns. And while many of our neighbors would love us to somehow get zoning to deal with the design of the architecture of the houses, we all recognize that's not the case. But we do think that having structures that fit into the patterns of our neighborhood are really important. And so that's where where this is going. We've we saw quite a few examples as we studied these parts of the neighborhood where somebody might have a house sitting close to one property line or right on the property line and want to expand to the side. But they were being penalized under the current zoning where they'd have to have at least a seven foot setback on the on the flip side. And so in this tighter, tighter area of the neighborhood on lots between 30 and 40 feet in width, it's really important to bring that three minimum ten total down to three and three so that reasonable development can happen that fits into the pattern of the neighborhood. And then the accessory dwelling units of having setbacks there that are consistent with garages and other secondary buildings make sense here like it does in the rest of our neighborhood. So those are the the basic pieces of this one. Thank you. Thank you. Okay, Captain. That concludes our speakers. Any questions? 322 as a minute or 323 Councilwoman Ortega. My question has to do with this is probably for the city attorney whether or not the pending doctrine ordinance applies. So while this was moving through the process, if we had developments coming through and then what I'm thinking about is the United Way building, for example, if the pending doctrine ordinance applies and these rules. Affect that development or any others that are going into the area. Can you speak to that, Adam? Adam Hernandez, Assistant City Attorney with Municipal Operations. I am not sure if the pending ordnance doctrine would apply, but I believe if an application is currently in with the city, that the city would be processing that under the code. That was at the time of application. And I would also. Defer to Steve on that as well. So the interesting thing about this amendment in particular is that actually it's more generous than the underlying zone district. So in all likelihood, if plans were submitted, which I'm not aware of, any where a conflict would be created, but in all likelihood of plans were submitted, then they would meet the underlying zone decision because it is a minimum set back. You can set your building back more than what is required by the overlay. So again, it is more generous, not more restrictive, and therefore there should not be any problems with this new language. So, Steve, will you pull up the map that shows the boundaries of this area? I was just looking at this a minute ago, and these computers do funny things, but if you can pull that up. What I am trying to figure out is how the view corridor from Hirshhorn Park applies to anything down on the eastern edge of the neighborhood that's within the boundaries. Does that in any way, shape or form impact heights or anything along those lines. About that park? No, isn't there is no impact. I mean, again, the the the change to the under the playing zone district is only related to and to your set back. There's nothing about height and it's only applicable to the properties that are shaded in blue. I think the park that you're referencing is it's actually it's low, high and five and the overlay would not apply to that area anyways. Okay. All right. Thank you. I have no further questions. Thank you, Councilman Ortega. Any questions? 322 or 323. Councilman Robert. Thank you, Mr. President. I was just looking up in the zoning code and couldn't find it and can't remember. Do we have a minimum square footage for. For how much land has to be zoned or requirements for contiguous ness? There is a requirement for a minimum area. I believe it's two acres for for conservation overlays and design overlays. You know, I have to defer to the attorney about the fact that this is a legislative rezoning, and some of those rules do not always apply. However, I'm confident that each overlay is over two acres of land and would meet that threshold. Well, yeah, I guess my question is on page two of the staff report for this, where they show the map to the very south. There's a smaller piece and I don't know if that's considered. It's not contiguous. And so I'm not I don't know if that's considered its own zone district or part of this overlay zone district . Right. Okay. That's a good question. It's not contiguous to the other parts of the map, but it is part of the effort where it all adds up to greater than two acres. I think that's an interpretation from our attorney. However, this is a legislative amendment, and I think that those rules do not apply. A weak link of break rules with the citizens can break. You can break rules. So. Good. I was waiting to hear if we have any requirements for contiguous snus or if Steve knows whether that southernmost piece of the rezoning that's not contiguous is greater than two acres. So it's going to be close. I did not calculate that specific area counting right of way. And you know, because the zoning does go to the center line, I would have to go back to calculate, but it would be close for sure. Okay. So do we have any requirements anymore for contiguous snus? I guess the billboard over, you know, the historic preservation overlay is not contiguous to that. No. It was all old earth rezoning. But it doesn't use the term contiguous. It's. It's two acres and at least two facing blocks. What section of the code is that? That is in 12 four. 12 for ten three of minimum areas related to MAP amendments. Okay. Great. Thank you. You were good, Councilwoman. Yes. Thank you. All right. Any other questions? 322 or three? 23 322 has a couple of Monteiro. I don't have a question. We're going to receive the comments. Okay. All right. So see, you know the questions. The public hearing is now closed. Comments, Councilman Monteiro. Thank you, Mr. President. I want to take this opportunity to offer my support for these council bills. Council Bill 322 and 323. Just as a reference point is related to all of the bills that we've passed so far, related to the boundaries of Highland, our federal boulevard to the West, 38th Avenue to the North, Speer Boulevard to the south, and in in I 25 to the west. And I just want to say that it's just been my honor to work with Highland United neighbors, PCD, for the last 12 years. And I feel that all of these going forward are imperative to preserving the character of a very, very popular and wonderful Highland neighborhood, but also to be able to stabilize and to grow families and be able to keep the the rich history and the diversity and the mixed income and the economy going forward. So I am very, very proud to be able to present these. I want to thank everyone, everyone Rebecca and Jeff and Tim and Mary and Brian and Jerry and all the people and especially my council aide, Amanda Sandoval. For all of your help, all of your care and volunteer hours that we've put into creating this. I think as the council representative for Highland and the District nine piece, that after 30 years of working away at this, that you are the gold standard for for being able to customize what is needed in a particular area. And so I commend you and I thank you so much and encourage the support of these council bills. On behalf of my colleagues. Thank you. Thank you. Councilman Monteiro, Counsel Catwoman Ortega. I just want to take a moment also to thank all of the neighbors and city staff, and especially Councilwoman Monteiro, for bringing these forward as the sponsor for the hard work that's been put in. I remember going to one of the honey meetings where you all were talking about this and you know, it's a lot of work to do. These you have to go through and survey your neighborhood and reach out to the property owners. And, you know, it it takes a heavy lift to make these kinds of things happen and to, you know, be successful, to listen to your neighbors and their concerns and try to, you know, factor their input into the changes that get brought forward. And I just want to say that you all have done an outstanding job with these, also have to disclose that I live within the boundaries of the Highland neighborhood, specifically the last set of bills that have been brought forward. But I think these changes are going to be really good for the neighborhood as a whole. And Tim, you've been at it for many, many years. I can remember when you didn't have gray hair. But what most people here don't know is that Tim is an architect. And so his attention to detail in working with the neighborhood and ensuring that all the things that got incorporated into what was brought forward happened with everybody's input. But with that critical eye that he has, I think, really helped bring forward something that the community will be proud of and will benefit from for many, many years to come. So thank you. I will be supporting these changes tonight. Thank you, Councilwoman Ortega. Any Council comments? 322 as amended or 323. All right. First the 322 as amended. Madam Secretary, Roll Call. Montero Hi. Nevitt Hi. Ortega Hi, Rob. Brooks Hi. Brown Hi. Gage Layman. Lopez Hi. Mr. President. Hi. Madam Secretary, please. First of all, you announce the results. Tonight. In Nice 322 as a minute has passed. Councilman Leavitt, will you please put 323 on the floor?