AS AMENDED a bill for an ordinance changing the zoning classification for 805 West 38th Avenue in Globeville. Approves an official map amendment to rezone property from I-B UO-2 to C-MX-20 (industrial in the former zoning code to urban center, mixed-use), located at 805 West 38th Avenue in Council District 9. The Committee approved filing this item at its meeting on 1-29-19. Amended 2-11-19 to clarify the boundary of the proposed rezoning on Galapago Street.
Council is reconvening. We have two public hearings this evening. Speaker should begin the remarks by telling the council their names and cities of residents and if they feel comfortable doing so, their home addresses. If you're here to answer questions only when your name is called, come to the podium. State your name and note that you are available for questions of council. Speakers will have 3 minutes and there is no yielding of time on the presentation monitor. On the wall you will see your time counting down. Speakers must stay on the topic of the hearing and must direct their comments to the council members. Please refrain from profane or obscene speech structure comments the Council as a whole, and please refrain from individual or personal attacks. Council Gilmore Will you please put Council Bill 19 0042 on the floor? Yes, Mr. President. I move that council bill 19 dash 004 to be placed upon final consideration and do pass. It has been moved and seconded. The public hearing for council will 19 0042 is open. May we have the staff report? Thank you, Mr. President. And Council Scott Robinson with Community Planning and Development. This is a request to rezone 805 West 38th Avenue from I.B. oh two to see Annex 22 property is located in Council District nine in the Globeville neighborhood in the 41st and Fox station area. It's just north of 38th Avenue, although it does not have direct access to 38th Avenue. It's about two and a half acres, and it's currently used as rental and storage of heavy equipment. As I said, the request is to go from I.B. to which is heavy industrial with the Billboard Use overlay to see an x 2002, which is urban center neighborhood context mixed use with a 20 storey maximum height and it would retain that billboard use overlay that you go to. The applicant is requesting the rezoning to position the property for redevelopment. The property is surrounded on two sides by the same Ibey you go to the south and the west to the north is see an x 20 of the same as being requested and to the east is seems 12. The current use on the property is industrial and the surrounding area has a mix of industrial, commercial, mixed use and residential. You can see the. Don't have it up on the screen. The this. Thanks. Thank you. So you can see the subject property in the bottom right photo there and then some of the other surrounding properties in the surrounding photos. This went to planning board on January 9th, 2019, received a recommendation of approval by an 8 to 1 vote. There was no public comment and meeting went to the Land Use Transportation and Infrastructure Committee on January 29th of this year, and there's been no other public comment on this application. In order to approve a rezoning, the city must find that these five criteria have been met. The first criterion is consistency with adopted plans. There are four adopted plans that apply to this property. First is Comprehensive Plan 2000. As described in the staff report, staff finds the proposed rezoning consistent with these six strategies from comprehensive thousand, mostly relating to infill development and mixed use development, especially near transit stations. The second plan is Blueprint Denver from 2000 to the concept land use for this property. In Blueprint, Denver's transit oriented development, which calls for a balanced mix of uses at mid to high densities. And it's in an area of change, which is an area where the city wants to direct additional growth. 38th Avenue is a mixed use arterial, which calls for higher intensity and mix of uses. Although, as I mentioned, the property does not have direct access to 30th Avenue. So even though there's no access there, access is provided by 39th Avenue, which is a non-designated local meant to connect the property to the larger streets, including Fox Street , which is also a mixed use arterial which connects down to 38th Avenue, Park Avenue and IE 25, which is all consistent with the proposed Sea Annex 20 zoning. The third plan is the 41st and Fox stationary plan from 29. The land use designation in that plan for this property is mixed use office residential 3 to 20 storeys, which calls for housing and employment base a significant amount of development and pedestrian friendly development, all of which is consistent with the proposed C Annex 20 zoning. The fourth plan is the Globeville Neighborhood Plan from 2014. It mostly just reiterates the recommendations of the 41st and Fox stationary plan in this area, again calling for 20 storeys, a diverse, transit supportive neighborhood with a mix of jobs and residential. Consistent with the proposed SIMEX 20 zoning system finds, the first criterion is met. The second criterion is uniformity of district regulations. Steph finds the proposed rezoning would result in the uniform application of the C annexed 20 zone district. The third criterion is to further the public health, safety and general welfare of the city. Staff finds the proposed rezoning would do so by implementing the city's adopted plans and facilitating the redevelopment of the property in a pedestrian friendly and transit oriented manner appropriate for the area. The fourth criterion is justifying circumstances. Staff finds that the proposed rezoning is justified by change in changing conditions, including the Globeville Neighborhood Plan adopted in 2014 and the recent investments in the area. The construction of the 41st and Fox Station. Even though the G line is not operating yet, and there has been some new redevelopment, including just a block to the east along Foch Street, there's some new commercial development changing the area and making the proposed rezoning justified. The fifth criterion is consistency with neighborhood context, zoned district purpose and intent. Staff finds that the proposed rezoning would result in development consistent with the description of the urban center neighborhood context and the purpose and intent of the C Annex 20 zone district, which is intended to apply to areas or intersections served primarily by major arterial streets where buildings scale 3 to 20 storeys is desired. As pointed out in the plans, this area is intended for 3 to 20 storeys, and while it does not have direct access to a major arterial, it is one block away from Fox Street, which is a arterial and then a block south to 38th Avenue, Park Avenue and I-25 , which are major arterials. So staff finds the area served by those major arterials. And the fifth criterion that of that staff finds all five criteria are met and recommends approval. I'll be happy to answer any questions. Thank you very much. We have three individuals signed up to speak on this item this evening. First up is Jean Schaefer. Go ahead. Good evening. My name is Jeannie Schaefer. I'm with Groundwork Entitlement Services. I am the owner's representative for this application, and I don't have a presentation prepared tonight, but I am here to answer any questions that you might have. Thank you very much. Next up, Chairman Sekou. Oh. My name is Chairman Suku. Founder, organizer of Black Star Action Movement for Self-defense. Also the next mayor city of Denver, 2019. On the surface. This zoning for this particular area, we've had several zoning this year appears to be a good thing. It's going to provide economic activity, is going to provide housing and is on an arterial where we're talking about density and 20 storeys going up. And yet as you peel the layers of the onion is crying time. Because now we've got to get to the nitty gritty of the details, like how many units are going to go to folks who can afford it. Not affordable. That who can actually pay. 30% or less. But their medium income for the state. Now, anybody who's paying more than 30% for housing. Is it an abomination? You can't get no mortgage loan on that. Unless you're making megabucks. So where is the 30% or less units in this thing for people who can afford it, whether they are low income or middle income? Where is that? And how many units. Is in that? Or is this another. Scheme to provide housing made and pushed by developers who are paying the political bills? Politicians. So I can't go for this. After coming down here for a decade or more and seeing more and more and more of this is the law. But so was slavery, the law. But we do obey that law today because it's the law, or you stand up. For what's right. It was human. And as you paint yourself in this corner. Martin Luther King once said, and I'll close with this. You showed me a man and woman who's not committed. To the advancement of human life other than themselves, they're not fit to live. 1957 City Park. On that statue, Montgomery Bus Boycott. That's the history. And that's the man who we celebrate every year. And we desecrate his legacy by not doing the right thing. As soon as the day is over. That's like going to church on Sunday and the busses starts. I'm sorry, but your time is up. Next up, Jesse Pierce. Jesse Pierce, who represented for Denver, home of Salo Black, starts a moment for self defense and positive commitment for social change. And I'm also an at large candidate for the 2019 May election. We are against this. As this is just business as usual. This neighborhood is already being ran to rapidly gentrified like all parts of the city, and there seems to be no stop, no end in sight. You guys keep. Passing these rezonings in a community is telling you they do not want these things. They're being forced to accept these things. I have several questions. I want to know exactly what is the RMR. Level. For this rezoning. I want to know exactly who is going to be occupying these spaces. And I want to know. How long it's going to take for this construction to happen. And also. Why? You just keep pushing through these rezonings with no care in sight. Thank you. Thank you. That concludes our speakers. Are there questions from members of Council on this item? All right. Seeing. No question. Oh, Councilman Lopez. Yeah, I have one question. Can I can have you come to the microphone really quick? I wanted to ask about the rail and how close this is to the Union Pacific rail yards. The rail track is directly to the east. So the property abuts the the rail. It's the RTD tracks first and then RTD tracks first. Thank you. Then I'm not Union Pacific. Sorry. BNSF. Are there any buffers? I mean, I know that this question always comes up, and especially when it comes to to emergency management. Whenever we have rail, anything like that, what are the are there any were there any kind of conversations in terms of protocol, noise, spill, things like that? What are some of the conditions that that have been satisfied this to continue? Yeah, not as part of the rezoning. Those items were all addressed as part of the site development plan. So when this property does come in for redevelopment, they will look at it and address all those concerns about its proximity to the rail. I appreciate that. And I know that my colleague, Councilman Ortega, would probably ask that question as well to I've been to the same kind of program to the emergency management. I think it's it's always important. I mean, whenever we have heavy rail with a lot I mean, literally all you got to do is sit there and just watch it go by. You put a time lapse camera, you see airplane fuselages, you see coal, you see liquid, you see so much coming through there with a lot of population as we're building up, I just hope that in the development plan we address that in as any kind of mitigation should something God forbid it doesn't happen so. Thank you. Thank you. Guzman-Lopez Councilman Flynn. Thanks, Mr. President. SCOTT This is the Wagner rents building. And I recall some discussion a few years ago not related to this rezoning, but in another context, something I was working on, in fact actually the Gold Line commuter rail that there might be that that building might be eligible for historic landmark designation. Was there? Maybe. I'm sorry, I forgot your name. The owner representative could speak to whether we you have applied for demolition or what the future of that building is. Ginny Schaefer We did apply for a certificate of non historic status and were granted that for all of the buildings on site. But currently we have no plans for demolition or re-use of those buildings. Okay. But you do have the certificate? Yes. Good. For five years. Correct. Okay. There was the property posted. Yes, it was. Okay. Thank you. You're welcome. Thank you. That's all I'm asking. Thank you, Councilman Flynn. See no other questions. The public hearing for Council Bill 19, just zero zero for two is closed. Are there any comments by members of council? All right. Seeing none. I just think staff for the comprehensive staff report, I think that this one clearly meets the criteria and we'll be supporting tonight. Madam Secretary, Roll Call. Black Eye. Brooks Espinosa. Hi, Flynn. Hi. Gilmore. I Herndon. I. Cashmere. Hi. Lopez. All right, new. Assessment. Hi, Mr. President. Hi. Madam Secretary, please call the voting and announce the results. 11 nice Lebanese country on 19 20042 has passed. Councilman Lopez, will you please put Council Bill 19.0058 on the floor?