A bill for an ordinance changing the zoning classification for 5124, 5128, 5132 & 5136 West 41st Avenue in Berkeley. Approves an official map amendment to rezone property located at 5124, 5128, 5132, and 5136 West 41st Avenue from U-SU-C1 to U-MX-2x (urban, single-unit, to urban, mixed-use) in Council District 1. The Committee approved filing this item at its meeting on 8-21-18.
Councilman Brooks, would you please put Council Bill 877 on the floor? Yemen's president moved the council bill 877 to be placed for funding consideration and do pass. It has been moved and can I get a second? It has been moved and seconded. The public hearing for Council Bill 877 is open. May we have the staff report? Hello again, Brandon Shaver from CPD. This time we have an official map amendment application 2017 i00171 this free zones property from 5124 to 5136 West 41st Avenue this time from U.S. U.S. one to UMC two x. This item was also at Planet Planning Board on August 1st, where it was voted unanimously in favor to move forward. Again, we're in Council District one, this time in the Berkeley neighborhood. Zooming in closer to the site, we are at the edge of the city. This is the southeast corner of 41st Avenue and Sheridan Boulevard. And to the west, we have the city of Wheat Ridge in Jefferson County. The request here is the same urban neighborhood context mixed use two story max with limited building forms and uses because of that little access going through the context here, the zoning is see kind of a sea of us. You see one, two, all sides of it except for the Jefferson County side to the west. And then there is an insect on the right which shows the mixed use that does occur on both 38th and 44th Avenue. And we'll get more into that in a bit. The land use at the site is coming up as mixed use. It is currently three residential units and a retail storefront. It is adjacent to single family dwellings, duplexes and the city of Wheat Ridge. Here is an aerial shot to give you a sense of the building, form and scale. This is a building that was constructed in the early 1900s and definitely fits that kind of shopfront embedded commercial look. And a couple of pictures of the site starting at the top left. You can see the retail store front and the three residential units that are next to it, going to the bottom left. This is the view of the structure as you travel north on Sheridan Boulevard. And then the pictures on the right just show a kind of a little bit of what the residential character is over there. And then again, pulling out the inset map, looking at 33rd and or 38th and 44th Avenues, rather. You can see that this kind of pattern and of embedded commercial exists there as well. The process here, we have received two letters, both being from the Berkeley Regis United Neighbors Incorporation. The first was received before planning board and it was a letter of opposition. They have since rescinded that letter and are now in support of this rezoning. Same criteria here. First, consistency with adopted plans. We have the same two plans apply to this area comp plan and blueprint. Here are those strategies from comp plan that are further detailed in the staff report, mainly talking about environmental sustainability, land use, mobility and economic activity with the neighborhoods and moving to blueprint the same land use concept is here we have single family, residential and an area of stability and the future street classifications have shared in as a residential arterial and 41st Avenue as an UN designated local street. So staff feels that this rezoning will result in the uniform application of the UMTS to U.S. Zone District and will again further the public health, safety and welfare, primarily through the implementation of adopted plans. This application for justifying circumstances also known as changed or changing conditions in a particular area. There are also a number of new residential units in this area, particularly along Tennyson Street, which is just to the east, as well as a lot of reinvestment in the housing stock that is currently existing. And lastly, for consistency with neighborhood context, this area is very urban in nature and the zone district purpose and intent. Again, the um, access to X is mainly for these embedded commercial uses that are within neighborhoods. Again. CPD recommends approval based on finding that all review criteria have been met. Happy to answer questions in the applicant as president as well. Thank you very much. We do have two individuals signed up to speak this evening on this item. So if you signed up for this item, if you could make your way to this front bench. First up, we have Jason Lewis. Jason Lewis. I reside at 4383 Vrain and I'm here to answer any questions that counsel might have. Thank you very much. Next up, Jesse Paris. That's the Paris Black Star action movie of self-defense. Denver Homeless out loud, now large candidate for 2019. I had two questions. What was the am I level for these properties on Tennyson? So keep hearing that this area is building housing. I want to know what the amount level is. It still seems like this is gentrification in a already rapidly gentrified area. And also, what is going to be the use of this mixed use? What it's going to be here as commercial is going to be residential. What is this? Thank you. Thank you very much. That concludes our speakers. Are there any questions from members of council? Councilman Ortega. Yeah, I just wanted to ask the applicant what you plan to do with the property, if you don't mind just sharing with us what you're. What you hope to do with it. And if you're planning to use the structure or just build a whole new development. Yes, we're actually leaving the current structure and it's in its current state. Right now it has single use zoning, but the prior use was originally commercial and over the years it's just been overlaid with the surrounding single use. So we wanted to bring the the zoning up to what the current use of the building has been in the past, which is mixed use. It currently has one commercial and three residential units in it. We're looking to essentially upgrade the building. We've put a $90,000 energy efficient roof on it and we're looking to do some exterior upgrades. We've re paved the driveway and made some improvements and we're just looking to overall improve it. But before we do that, we'd just like to make sure the zoning matches the use. Thank you so much. Thank you. Thank you. Councilwoman Ortega, seeing no other questions. The public hearing for Constable 877 is closed. Comments by members of Council. Councilman Espinosa. So this one, I'll just admit this was a little bit awkward for me because I didn't in fact have ex parte communications with all sides regarding this property. But it is. But I had not made a decision prior to the public hearing, and I also communicated that to both parties that I would that I wasn't making a decision. That said, this is very, very similar to my comments on the prior rezoning, which is when you're embedded in a business district in a or a business function, in a in a in a single family, two sort of district, the two X is the appropriate zoned commercial mixed use zoned district. So with that, I will be in support. Thank you, Councilman Espinosa. And I'll just add that I think Stafford the presentation and showing that it clearly meets the criteria for rezoning. I also be supporting this. Madam Secretary, Raquel Espinosa. Hi Brooks I. Flynn I Gilmore I. Herndon High. Cashman High. Can each Lopez. I knew Ortega. Mr. President. I'm Madam Secretary. Please close voting. Announce the results. 1109 accountable 877 has passed. Councilman Brooks, will you please vote council bill 886 on the floor.