A bill for an ordinance changing the zoning classification for 925 South Pennsylvania Street in Washington Park West. Approves a map amendment to rezone property from U-SU-B to U-SU-A1 (allows for an accessory dwelling unit), located at 925 South Pennsylvania Street in Council District 7. The Committee approved filing this item at its meeting on 1-5-21.
Ten I's Council Bill 20 Dash 1424 has passed. Councilmember Cashman, would you please put Council Bill 20 1561 on the floor for passage? Oh, you're muted. There we go. Sorry, Madam President, I move council bill 1561 be adopted. Thank you. All right. Thank you. We've got it placed upon final consideration and do pass. And thank you for the motion and the second. Councilman Herndon. The required public hearing for Council Bill 20 1561 is open. Can we please have the staff report? And I believe we have three on. Afternoon, Madam President. Members of City Council. My name is Phil and an associate city planner with Planning Services. Today I am going to present an overview of the MAP Amendment for 925 South Pennsylvania Street. The subject property is located in Council District seven with Councilman John Clark. In the Washington Park neighborhood. The property is located along Pennsylvania Street, just west from May 25. The lot sizes around 4440 square feet and is powered by a single unit home. The property is in the urban single unity zone district and the applicant is proposing to rezone their one single unit, a one zone district with a smaller minimum zone. So lot size. This would allow to legally permit an existing accessory dwelling unit that was built before the current owner purchased the property. As mentioned before, the property is currently in the Urban Single Unit district, which allows for a minimum of 4500 square feet. As you can see on the map, the property is surrounded by property. So us you be with a historic structure use overlay district. So the north and east and us you be to the south and you are h38 with a historic river later to the west. The current land use of the site is single unit residential and it is surrounded by mostly other single unit uses and some two unit a multi unit unit uses to a west and east. In this slide, you can see the existing building form and scale of the area with the site of the proposed rezoning on the bottom right and some images to show the residential character of the neighborhood in the top right and top left. And here you can see a couple of images from the alley where you can see the existing structure in the rear of the subject property. Both the images are from the alley looking north. Subject properties within the Washington Park new plane, which would allow a maximum building height of 89 feet, which of course does not affect your request because the maximum height for any you in this district is only 24 feet. Speaking of the processes, information on notice of the application was sent on October 26, 2020. Planning Board recommended approval on December 16th, and to date, staff has received four letters from the public supporting the application, given the proximity to multi-unit dwellings to the west and east and two layers of opposition. One of the letters is against short term rentals. The other one actually has concerns with the fact that the rezoning is to 81 instead of B one, but does not oppose the idea. As I said, one of the leaders of opposition refers to a potential use of aid to you for short term rental. On that point, I would like to mention that the Denver zoning code and associated licensing regulations allows the resident of the primary dwelling unit to conduct a short term rental, either in the primary dwelling unit or in a legally permitted accessory dwelling unit. Basically, anyone resident in a primary structure can apply for a short term rental license as long as they live in the property. Not allowing for an 80, you won't prevent the applicant from getting a short term rental license. The other opposition expressed its concerns not with the rezoning of the district, but with the fact that the applicant is rezoning to a smaller lot size. And this could lead to a patchwork zoning or or what we call split zoning. The reason why the applicant is requesting to rezone to you as a one instead of you as you be one is because a lot size is only 4440 square feet and does not comply with the minimum so lot size of 4500 square feet. We will go over this in my analysis and we'll explain why we think it is okay to rezone to a smaller size. Denver's zoning code has five review criteria, which I will go over. The first criterion is consistency with adopted plans. There are three plans applicable to this rezoning. The rezoning is consistent with several of the tragedies in comprehensive plan 2040, and I will go over a couple of them. This MAP amendment will promote equity by creating a greater mix of housing options in every neighborhood, and it will lead to an environmentally resilient Denver by promoting infill development where infrastructure and services are already in place. Looking at Blueprint Denver The subject property is mapped as part of the urban neighborhood context. The future places map designates the subject property as low residential place type. These place type have predominantly single and two unit uses, and accessory dwelling units are appropriate. Pennsylvania Street is designated as a local street, which is mostly characterized by residential uses. Denver also provides guidance on when it's appropriate to rezone to US district with a smaller minimum lot size. It says that it is appropriate when a pattern of smaller loads with similar uses is present in the surrounding blocks. The blog with the subject site shows a large proportion of properties that are under 4500 square feet. Which would be consistent with the U. As a one district and a few lots that are larger than 4500 square feet, which would be consistent with the existing Southern District of u. S. U. V. One. The button east and south of the site is of smaller, lots more consistent with a U.S. A1 district, whereas on the north side of Kentucky, the lot a bit bigger and more consistent with you as you do one district. Lupine also includes specific policy recommendations. Housing Policy four focuses on diversifying housing choice through the expansion of accessory dwelling units throughout all residential areas. Now looking at the West Washington Park neighborhood plan adopted by city council in 1991. This plan is silent on energy use specifically. However, the proposed rezoning is consistent with residential land use. Recommendation number four include compatible setbacks, significant buffering and landscaping and site plans for new moderate density residential development to ensure compatibility with adjacent low density residential uses that attach a new building for was developed to specifically take these types of concerns into consideration and provides for appropriate supports between structures. Staff also finds the requested zoning meets the next two criteria. The rezoning will result in uniformity of district regulations and will further the public health, safety and welfare primarily through the implementation of adopted plans. To justify a circumstance where this rezoning is a city adopted plan. Since the approval of existing the existing U.S. business district, the city has adopted a comprehensive plan 2040 and blueprint Denver a stated throughout this presentation, the proposed rezoning to you assume a one mid-season tent of this plans. Lastly, the proposed zoning is consistent with urban neighborhoods, context, residential districts and the you issue a once on district. Stuff recommends approval based on finding all your criteria has been met. All right. Thank you, Fran, for the staff report. Council has not received any written testimony on Council Bill 20, Dash 1561. And this evening we have three individuals signed up to speak. And Fran, we're going to go ahead and ask if you could take down the screen sharing there, and we will go ahead and kick it off with our first speaker, Adam CAVANAUGH. Yes, I am the owner of the property and we are requesting the rezoning really for use of an existing structure. I think a lot of the points cover a lot of the discussion of the previous property applies to ours. I don't think I have anything further to add to the discussion. All right. Thank you, Adam. Next up, we have gurdy grant. Good evening. Council members and Council President again. It's me, Gerty Grant. I live at 242 South Lincoln Street, Denver, Colorado in council wonderful council District seven. And I am here on behalf of the West Park Neighborhood Association, which I believe sent a letter of support for this ADU rezoning. And our reasons for supporting it are that the immediate neighbors, both to the north and south, one of whom is Jane Kraft, Paul Cashman. And I think you remember her and they support it. The support from the neighbors was much more in favor than against. And this the architecture of this building fits in with the character of the neighborhood. It was converted to an access to a dwelling unit illegally without permits. However, it does fit in with the character of the neighborhood and West Wash Park voted to support it. Thank you. Thank you, Gary. Our last speaker for this hearing is Jesse Paris. Yes. Good evening. Members of Count. Mm. Those watching at home. My name is just Michelle Paris. I'm represented for Black Star Action Women for Self Defense, Positive Action Committee for Social Change, as well as the United Party of Colorado and Mile High North. And I'll be the next mayor of Denver in 2023. I'm in favor of this rezoning tonight for the reasons I stated at the previous rezoning. We have a housing crisis. We have this House housing crisis before Congress. We still have it during Kobe. So any opportunity opportunities council gets to pass rezonings of this type I am a supporter of. So I support this zoning tonight. Thank you. Thank you, Jesse. That concludes our speakers questions from members of council. We're going to give it an extra second there. All right. Seeing no hands raised, the public hearing for Council Bill 20 Dash 1561 is closed. Comments by members of Council Council member Clark. Thank you, Madam President. I won't belabor this one. I think the criteria have been met, and on top of that, everybody in the neighborhood is seen as supportive and happy to this one. Just another thank you to Gertie Grant for sticking around and speaking for the neighborhood on this one as well. And that's it. I will be voting to support and would encourage my colleagues to do the same. Thank you, Madam President. All right. Thank you, Councilmember Clark. And likewise, I will be supporting this as it meets all of the zoning criteria. Madam Secretary, roll call like I. Flynn. I. Herndon. I. Cashman. I can, Kimmage. I. Ortega. I. Sawyer. I. Black I. CdeBaca. I. Madam President. I. Madam Secretary, please close the voting and announce results. Ten Eyes. Ten Eyes Council Bill 20 Dash 1561 has passed. Council Member Cashman, will you please put Council Bill 20 1-0006 on the floor for passage. Yes. Council President, I move the council bill $21 0006 be placed upon final consideration. Get ready and do pass. Okay.