A bill for an ordinance changing the zoning classification for 3255 North Newton Street and 3254 North Osceola Street in West Highland. Approves a map amendment to rezone property from U-SU-B to U-SU-B1 (allows for an accessory dwelling unit), located at 3255 North Newton Street and 3254 North Osceola Street in Council District 1. The Committee approved filing this item at its meeting on 9-21-21.
13 Eyes Council Bill 20 1-1030 has passed. Thank you to the community members and Libby and Nate for being here with us. Moving on, Councilmember Cashman, we put Council Bill 1072 on the floor for final passage. Yes, Council President. I move the council bill 21, dash 1070 to be placed upon final consideration and do pass. Thank you. It has been moved and seconded. The required public hearing for Council Bill 1072 is open and we have Fran here for the staff report. Good afternoon, members of City Council. My name is from Pineville City Planner with Community Planning and Development. And today we will be reviewing a rezoning request for two properties one at 3255 Newton Street and the other one at 3254 Osceola Street. Subject properties are in Council District one in the West Highland neighborhood. And the request is to rezone both properties to a district allowing for 80 use. All other form and use of standard would remain the same. The current zoning in both properties is US u. U. SB, which allows for a minimum standard size of 4500 square feet. For reference, the property of Newton Street is 6250 square feet and the one in Nasrallah Street is 6870 square feet, both exceeding the 4500 square feet required by us one. The green land use of the sites is single unit residential and they're both surrounded by other single unit uses the market. The map here also shows some two unit uses multi-unit residential uses in the vicinity, as well as some commercial retail and office uses on 32nd Avenue. This slide shows the character of the neighborhood with the images on the bottom left and top right, showing the subject properties and a couple of extra images to show the mixed use character of 32nd Avenue half so half a block south of the properties and also the residential character of the neighborhood in general. Throughout the rezoning process, application notifications have been provided according to code requirements. Planning Board recommended approval and animosity on September 15, and to date, staff has only received one letter of opposition from a neighbor concerned with short term rentals. The letter of opposition refers to a potential use of the EU for short term rentals. On that point, I would like to mention the Denver Zoning Code and Associated Licensing Regulations allows a resident of the primary dwelling unit to conduct a short term rental, either in the primary dwelling unit or in the legally permitted accessory dwelling unit . Basically any one 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 an applicant from getting a short term rental. Important to know, though, the property owner would not be allowed to conduct more than one short term rental at a time. Now moving on to the Denver zoning code review criteria, it must be found that the request map amendment is consistent with the five criteria. In regards to criteria number one, there are two adopted plans that apply for the request rezoning Comprehensive Plan 2040 and Blueprint Denver. As stated on the staff report, the rezoning is consistent with several goals in comprehensive plan 2040. 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. Now live in Denver. The subject properties are both mapped as part of the urban neighborhood context. And the future places map designates the subject properties as low residential place type displaced types have predominantly single and two unit uses and accessory dwelling units are probably Newton Street and Sewell Street are both designated as Local Street, which is mostly characterized by residential uses . The growth area and blueprint Denver for both sites is all other areas of the city. This area is anticipated to see 10% employment growth and 20% housing growth by 2040. Therefore, the finding of the request is consistent with the applicable adopted plans. Finally, Blueprint also identifies specific policy recommendations. Housing Policy four focuses on the spring housing choice through the expansion of accessory dwelling units throughout all residential areas. Stuff also finds that the requested signing meets the next two criteria. The rezoning will result in uniformity of district regulations, and it will further public health, safety and welfare, primarily through its implementation of adopted plans. The justified circumstance for this rezoning is a changing condition in a particular area, and a lot of the recent physical changes within proximity to the subject sites include new streetscape improvements along 32nd Avenue, but protests, pedestrians and increased safety along the corridor. Other changes include the construction of a new multi-unit residential project at Lowell Boulevard near the intersection with West 32nd Avenue. These changes demonstrate the transition from a low intensity residential neighborhood to a higher intensity residential and mixed use neighborhood where residential uses are compatible, appropriate and complementary to existing uses. Also, Blueprint Denver Specific specifically recommends the city diversify housing choices to the expansion of accessory dwelling units throughout all residential areas. The plan was adopted after the date of approval of the existing Southern District. Therefore, these are appropriate, justified SEC stances for the proposed rezoning. Overall, the proposed zoning is consistent with the urban neighborhood context residential district and the U.S. would be one strong district. With. That stuff. Recommends approval based on finding all review criteria has been met. Thank you, Fran, for the staff report. We have one individual signed up to speak this evening. And it's Jesse Paris joining us online. Yes, good evening. Members of council, those watching at home. My name is just Sebastian Paris. And I'm representing four black star families for self-defense because of us in those times, as well as the Unity Party of Colorado. And for a lot of black males and I'll be the next mayor of Denver in 2023. I'm in favor of this rezoning to my house in crisis. Any time that this council is approve of zoning, so create more housing. I'm in favor of I'm in favor of this rezoning tonight and meets all five of the criteria. Consistency with adopted plans. Uniformity of district regulations by the public health, safety and wellness. Justified circumstances and consistency with neighborhood contents and zone this purpose and since. So with that being said, I just to approve this summary. Thank you. Thank you. That concludes our speakers questions from members of Council on Council Bill 1072. Council Member Flynn. Thank you, Madam President. Fran, could you address some of the issues that were raised by the letter in opposition to the one on Newton? In other words, that this is it's a single family home, but apparently it's been divided into two units. At least was the claim in the letter in opposition, and that both of them are being used as Airbnb at least half of the year because the owner of the property lives in Granby, apparently. So. Yeah, I mean. Anyone going to have a short term rental and anyone can have a long term rental. So. Right. It all depends where you have your residence. I think that the legal description is that you need to leave for six months of a year and you need to receive your bills and it needs to be like your voter address. So that's what defines your residence. So I'm sorry, what defines the residents? I'm sorry. What defines your residents? I think it's like where you receive your voters, your your bills and when where they address and you put it as a voter and I can look it up in the code, but. It's basically where you reside for six months. Mm hmm. So legally, someone could live in a house for six months and have a long term rental. So definition the difference between a long term rental and a short term rental is short term rental is shorter than 30 days. Right. Right. So he could potentially be. Living in his house for six months or eight months and having a long term rental. And then aside from that, you can have a short term rental. Now, you can not have more than one short term rental property. So even if he was a you have three people living in a house, you can not have three short term rental licenses for that property. It's only one for property. So if he if this owner for example builds the 80 you that's another thing he cannot have to wait to use. So if he already has an idea, he's not going to be allowed to build the arena. But he could have a short term rental in one room. Like a short term rental doesn't need to be in NATO. It can be just a room. Yes. Yeah. Okay. In this case, the owner of the property is also registered to vote in Granby. So I'm curious how that. That I don't know how to we can see if the applicant is on line, if he wants to answer that question. But I was not aware of that detail. Okay. So I just wanna make sure you're unclear if this single family house has been divided into a duplex, essentially by having a basement apartment. Would that be an attached adu to you already or what would that be considered? Cannot be divided as a duplex. I mean, so an you can be a basement. Right. So if you. Yes. So he could have an edu. Like if he has a kitchen, a full kitchen in the basement, that would be considered 80. You know, if that's the case, he's not going to be allowed to permit the like the detached accessory dwelling unit. And he knows that. He's aware of that because we always recommend or he should know that I should say, okay, we recommend them to meet with development services to get those details. Okay. So there could only be a single unit and an ADU on the property? Yes. Okay. Thank you. If the owner is there, how could they answer that question as to how do they live in this unit and rent out as an Airbnb, the basement or their living quarters? And would their intent be to use the ADU as a as a short term rental. Name. The floor. Mr. Laffer, did you hear the question? Councilman Flynn, do you want to pose the question? Oh, sorry, I was on. Sorry about that. Yeah. So the my intent is to have the you built so that my elderly mother can live there. My father recently died, and I'm looking to add an extra building on the property for her to be able to move out. She's living with my sister right now in California short term until we can get her additional housing. So that is my aunt. That's. I'm sorry. What's your name? Alex LaFleur. Okay. Now the owner of the property and not Klinghoffer. I have always been the owner of the property of the city of Denver. I made a mistake of the title. I do not live in Granby. I, Carly Klinghoffer does not own the property. I do. So I'm not sure why the website is currently showing that she is the owner. I called the. City today and they made. The change to correct that error. Thank you, Madam President. All right. Thank you. Councilmember Flynn. Councilmember Hines. I thank you. Council President. Ms.. Benefield, the the rezoning will. Considers the five criteria. None of those criteria are about a short term rental are. Is that correct? That is correct. And while there may be a short term rental that is considered later, that is that is something that falls under excise and licenses, not through simply or this this process. That is correct. And while we are hoping that that a property owner will consider their options in advance of a rezoning, it's ultimately the owners prerogative to do that or not. Is that. Is that right? Yes. Anyone. Anyone can apply for a short term rental license. Okay, you are without it, you. And so ultimately, it's the it's the property owners responsibility to follow in this case, follow the five criteria for, you know, the the rezoning or to make sure that the potential rezoning misappropriate five criteria and then later make sure that the property meets the excise and licenses criteria for a short term rental. Should that be in the cards for someone in the future? Correct. Yeah. Okay. So thank you. Thank you. Thoughts, president? All right. Thank you. Councilmember Hines. And seen no other. Councilmember Flynn, you're back in the queue. Thank you, Madam President. I just wanted to clarify that my questions were directed at the claim that there already was, in effect, an adult operating on the property. And if that were the case, that would be a different conversation we be having. Thank you. Thank you, Councilmember Flynn. The public hearing is closed. Comments from members of Council on Council Bill 1072. Councilmember Sandoval. Thank you, Madam President. And we all know lots of aid goes to Northwest tember, and we are currently working with this neighborhood or location to see. If they're interested. In doing an entire neighborhood wide rezoning. And so. Given that this meets all the. Criteria, I would like to ask for their support. Thank you. Thank you, Councilmember Sandoval, and agree that this rezoning does meet all of the criteria. Madam Secretary, roll call on Council Bill 1072 Ortega. I. Sandoval. I. Sawyer, I. Torres, I. Black I. See tobacco i. Far I. Flynn. I. Herndon. Hines. All right. Cashman. I can reach Madam President. I. Madam Secretary, close the voting and announce the results. 13 Eyes.