A bill for an ordinance changing the zoning classification for 22, 24, 26 and 28 South Garfield Street in Cherry Creek. Approves an official map amendment to rezone property from PUD 470 to G-RH-3 (planned development to row house) located at 22, 24, 26 and 28 South Garfield Street in Council District 10. The Committee approved filing this item at its meeting on 6-2-20.
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Direct your comments to council as a whole and please refrain from individual or personal attacks. Councilwoman Ortega, will you please put Council Bill 285 on the floor for passage? And we might need you to unmute, Councilwoman. Okay. Sorry. So we're ready to move. 25 to 85. Mm hmm. So, Madam President, I move that council bill 285 be placed upon final consideration and do pass. Thank you. It has been moved again. Thank you for the second. The required public hearing for Council Bill 20 0285 is open. May we please have the staff report? Hi. Good evening. Members of Council Jason Morrison, senior city planner with Community Planning and Development. First rezoning in front of you this evening is at 22, 24, 26 and 28 South Garfield Street. The request is from an old code PDP 472 RH three, which is within the Denver zoning code. That's General Urban narrow house district of up to three stories. Rezoning is in council districts ten. It's within the Cherry Creek neighborhood. And the subject site is on South Garfield Street between East Ellsworth Avenue and Bayard Avenue. The subject site consists of a four unit pad, which was adopted in 1999. The property owners at 28 South Garfield Street, which is one of the four units desires to construct a horizontal addition to the rear of their property, which is not allowed under the current PWD for 70, but would be allowed under the grade three zone district. The proposed rezoning two grades three is consistent with the Zone District purpose, and you'll find that it is also an extension of the surrounding context as well as the existing grade three zone districts. As I mentioned, the current zoning is a former Chapter 59 PWD. It's adjacent to grade three to the north and east and adjacent to multiple pads to the west and to the south. 5470 allows for four adjoining units with two car garages within the maximum building coverage can't exceed 60%. And there is a height limitation of two stories and 36 feet maximum height. The subject property is within the Cranmer Park View plane. Therefore the subject site has a height maximum of 131 feet maximum. However, the proposed zone district of the RH three has a lower height, maximum of 35 feet. The site is currently occupied by multi-use residential surrounding uses, including multi-unit residential, two unit residential and single unit residential. This is an image of a bird's eye view of the subject property. And we're looking east. And these four images represent some of the multi-unit two unit and single unit residential adjacent and nearby the subject site. The Map Amendment application was unanimously recommended for approval by Planning Board and moved forward by committee. The property has been properly posted and since the staff report was published, we received one comment in opposition concerning over construction in the neighborhood. As you know, there are five of you criteria when analyzing the appropriateness of a request. And we'll start with consistency with adopt plans. In addition to Plan 2040 and Blueprint Denver, there is one neighborhood plan and that is the Cherry Creek Area plan. But first, we'll take a look at comprehensive plan 2040. The proposed MAP amendment is consistent with several strategies from Plan 2040 listed here and detailed in the staff report. Specifically, the request is consistent with strategies under the equity vision element because it will enable development of housing units close to transit and mixed use developments. It will also create a greater mix of housing options in every neighborhood. The request is also consistent with strategies under the environmentally resilient vision element for several reasons. The site is at an infill location where infrastructure is already in place, and it will encourage the creation of a mixed use community where residents can live, work and play in the Cherry Creek neighborhood. The requested rezoning is shown on the context map within Blueprint Denver as General Urban. The requested grade three zone district is consistent with the future context that is mapped in this area. The future place of this area is mapped as low, medium residential, which is generally a mix of low to mid scale multi-unit residential options where building heights are generally up to three stories in height. South Garfield and East Ellsworth Avenue are on designated local streets. Bayard Street is to the south is a residential collector. With the allowance of building forms of up to three stories. The requested grace three zone district is consistent with the future place mapped in this area. This request is also consistent with the blueprint growth strategy, which maps this area as all other areas of the city. These areas are anticipated to see 20% of new housing growth and 10% of new employment growth by 2040. Finally, when thinking Big Picture Blueprint Blueprint Denver recommends rezoning properties from the former Chapter 59 zoning code, as well as custom zoning to the Denver Zoning Code, which is proposed with this application. I'm looking at the Cherry Creek Area Plan. General recommendations from the plan include creating a connected, distinctive and green and prosperous neighborhood. The subject site is located in the Cherry Creek East Sub area, which is characterized as moderate density residential. Furthermore, the subject site falls within the urban residential land use category, which is defined as containing a variety of housing types, including low and mid-rise multifamily. And the subject site also falls within the three storey maximum building height category. Jerry. Its three is consistent with the general recommendations and sub area recommendations of the Cherry Creek Area plan. The proposed rezoning will result in uniform application of zoned district building form, use and design regulations. It will also further the public health, safety and welfare by implementing adopted plans, providing additional housing units that are compatible with the neighborhood. The adoption of the Denver zoning code in 2010 and the retention of a former Chapter 59 zone district on the subject. Property, including custom zoning, is an appropriate justifying circumstance for this proposed rezoning. The requested grades three zone district with the neighborhood is consistent with the neighborhood context description, zone district, purpose and intent. And based on those findings, CPD recommends approval, but because all review criteria have been met. Thank you very much, President Gilmore. Thank you, Jason, for the staff report. Council has not received any written comments on Council Bill 285 and we have three individuals signed up to speak this evening. And our first speaker is Jessie Parris. Yes. Members of council cannot be heard. My name is Justin Harris and I'm representing for Denver Homicide. While Black Stocks a movement for self defense as the best in command for social change as well as the party of Colorado and Mile High News and I will be the next mayor of Denver in 2023. I am in favor of this rezoning tonight. It meets all the criteria. So there's nothing I can say that's going to change your mind on this. Um. I just hope the person complains about the construction. Isn't too upset about this. Know. So I'm in favor of this. I know it should be approved tonight. It's. Thank you. All right. Thank you, Jesse. Next up, we have Cathy Doherty. And you might have to unmute, Tess. I think that testimony got mixed up. Is this? This is David. Okay, David, I've got you on the list as well, so you got to know. Yeah. Okay. So I put at four. I just really wanted to say that it's important that we how our words are used to to to create zoning, just as it's important how our words are used when talking about our homeless population. Right now we are currently moving these people and every time they get moved, someone dies. If you know someone's going to die by the actions you take and they do die, you are a murderer. Michael Hancock is a murderer and he needs to be taken out of office. Thank you. Next up, we have Tess Dougherty. Hi. Sorry about that mixed up. I don't know how that happened. So I. So in the plan, in the staff review, you had said that this would bring greater use of housing availability. And I'm just curious if we're if we're prioritizing that here, how we've so egregiously not been prioritizing that in other parts of the city. And then it also the Prairie Cherry Creek Area plan that it creates a connected and prosperous neighborhood. And I know that right now Denver is not feeling like we're connected or prosperous when it comes to our unhoused neighbors. So I'm again curious how this we're placing priority on this and not our unhoused neighbors. You also noted that additional housing units that are compatible with the surrounding neighborhoods and custom zoning. So we are custom zoning here, but we're not doing the same for our unhoused neighbors. And I'm just I just I really am at a loss for how we. Where our priorities are lying if someone. Feels like they could comment on that at all. That would be great. Thank you. Thank you. That concludes our speakers for this first public hearing. Questions from members of Council on Council Bill 285. Councilman Flynn. Thank you, Madam President. Jason, just so I'm clear on as I read through the staff report, essentially the owner of one of the four units in this building, which is has four separate units in one building, is in a period that was approved a couple decades ago and wants to expand, but cannot because of the some specific restrictions in the pad. And is this zone district that we've chosen here, is this a comparable in the 2010 code? Would this be considered comparable to the layout or the restrictions that originally were in the PD? Great. Thank you, Councilman Flynn, for your questions. To answer your first question. QUESTION You're absolutely right. I'm one of the owners within the foreign unit. PD would like to have an expansion on the rear of their units. And so there is a restriction within that study. And so with the Denver zoning code, they would be allowed to have that expansion into the rear of their property. In terms of a comparable zoned district, is this is absolutely comparable when you look at the height and storeys as well as the height and feet, as well as the primary building forms that are allowed within the city and then also within the Denver zoning code. So it is a very comparable solution. When working with this resident to get out of the former Chapter 59 zoning code. All right. Thank you, Jason. That's that's what I want to be clear on it. We're not creating a new set of entitlements here. We're just allowing some flexibility that A doesn't allow, but with a zone classification from the 2010 code that most fits what had been developed there. Is that correct? That is correct. And also, if you do look at the surrounding zoning, those properties that are within the immediate vicinity that have come out of the former Type 59 zoning code, they are overwhelmingly grades three. So it is very consistent with what we're seeing in the pattern in the neighborhood as well. All right. Thank you, Madam President. That's all I have. All right. Thank you, Councilman Flynn. The public hearing for Council Bill 20 dash 0285 is closed. Councilman Hines. Madam President, I'm here for comments. You ready? Yep. I am ready. Okay. Thank you, Madam President. I am colleagues. This is in my council district. I want to. I want to urge your support of this of this rezoning. I want to read some just some quick comments from the chair accused the registered neighborhood organization that is over this area. I know that there was there was some action on Twitter and we got some emails opposing the rezoning. So I think it's important for us to take to voice to the comments and support from the the R.A. that that oversaw this process. So the Church Trade Association Board supports the rezoning for these reasons. One, he obtained signatures from all corners in the the the feud indicating their acceptance of the zone two. He had obtained agreement from other neighborhood neighbors on his side of the block. Three The rezoning did not require a height change or other change that his neighbors might have deemed problematic, as Mr. Morrison and CPD validated just a moment ago, for Deborah is trying to convert a few days to RH three and in this case RH three, so that the change is consistent with city planning. The one of the principal city planners in Orange was kept informed and five the posting for the rezoning was visible for months. No objections have been made to Cherry Creek East Association during that time, to the best of my knowledge. And and so I recognize that there are some concerns about housing affordability. It really just doesn't apply. First of all, it doesn't apply because it doesn't fit any of the criteria. But second, this this one owner just happens to want to add space to the back of his unit. And so that's really the extent of this rezoning. And and so, colleagues, I hope that I hope that I have I hope that this rezoning has your support. Thank you, Mr. President. Thank you, Councilman Hines. And seeing that all of the criteria have been met for this rezoning, I'm happy to support it as well and would ask our colleagues to do so. Madam Secretary, roll call. Hindsight. Cashman. I can each. I. Ortega, I. Sandoval. I. Sawyer, I. Torres, I. Black. I see the. I. Clark. I. Flynn. I. Herndon. Hi. Madam President. I. Madam Secretary, please close the voting and announce the results. 13 Eyes. 13 Eyes Council Bill 20 Dash 0285 has passed. Councilwoman Ortega, will you please place Council Bill 1133 on the floor for final passage? Excuse me, Madam President, I move that council bill 20 1133 be placed on final consideration and do pass.