A bill for an ordinance changing the zoning classification for 2530 Xavier Street in Sloan Lake. Approves an official map amendment to rezone property located at 2530 Xavier Street from U-SU-C to U-SU-C1 (allows for an accessory dwelling unit) in Council District 1. The Committee approved filing this item at its meeting on 2-4-20.
Six eyes counts below 105 has failed councilmembers CdeBaca Tobacco, will you please put Carlsberg one of six on the floor? I move that council bill 20 dash 106 be placed upon final consideration and do pass. Thank you very much. It has been moved. Can I get a second? Thank you very much. It's been moved and seconded. The required public hearing for Council Bill 106 is open. May we have the staff report? Yes. Okay. I am Libby Adams with associate planner, with community planning and Development, and I'm here to present the proposed rezoning at 2538 Xavier from USC to UCC one. The application is located in Council District one in the Swan Lake neighborhood. The property is located just north of Sloan's Lake Park, along Xavier Street, south of 26th Avenue. It's approximately 6370 square feet and is currently occupied by a single unit home. The properties in the Urban Single Unit C Zone District and the applicant is proposing to rezone to urban single units C one to allow for an accessory dwelling unit. As stated previously, the existing zoning is urban single unit C, which allows for an urban house on a minimum zone of 5500 square feet. The site is occupied by a single unit home. As mentioned, it's surrounded by mostly other single unit homes with some more two unit uses. As you get closer to Sheridan and then commercial uses along Shared Boulevard. The existing home is on the right side of the screen. And then there's another single family home that's across the street, and then a duplex a block over. So the map amendment was complete at the end of October and a postcard notifying property owners within 200 feet of the site was sent out on November 1st. However, staff noticed the information on notice to register. Neighborhood organizations and council members was not emailed when the postcard was mailed. So upon noticing this, staff sent an informational notice on January 13th, 2020. So today we have received one comment from from a neighboring property owner who is opposed to the request. So the Denver zoning code has five criteria, which I'll go over. The first criteria is consistency with adopted plans, of which there are three. Comprehensive Plan 2040. Blueprint Denver. And then Housing and Inclusive Denver. For the comprehensive plan. The rezoning is consistent with several of the strategies in the Comprehensive Plan 2040, but I'll just go over to so 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 the area. Blueprint Denver as this as urban neighborhood context. So these areas are characterized by one and two unit residential uses with multi-unit, residential and mixed use areas embedded throughout block patterns are generally regular with alley access and there's a high degree of walkability. Blueprint identifies this property as a low residential place type. These place types are predominantly single and two unit residential uses an accessory. Accessory dwelling units are appropriate. Exterior Street is designated as a local street, which are most often characterized by residential uses. The growth area and blueprint. Denver is all other areas of the city and these are areas where we anticipate to see 10% of employment growth in 20% of housing growth by 2040. Blueprint also includes specific policy recommendations. Policy four recommends diversifying housing choice through the expansion of accessory dwelling units at all residential areas. And then for housing an inclusive Denver. This encourages expanding the development of accessory dwelling units to incentivize affordable and mixed use housing and as a wealth building tool for low and moderate income homeowners. So the proposed rezoning is consistent with the recommendations in the Comprehensive Plan Blueprint Denver and Housing and Inclusive Denver because it will expand housing options and allow the development of an accessory dwelling unit. Staff also finds the requested zoning meets the next two criteria the rezoning. The rezoning will result in uniformity of district regulations and will further the public health, safety and welfare primarily through its implementation of adopted plans. And the proposed rezoning or the staff finds there is a justifying circumstance for this MAP amendment with the newly adopted vision and blueprint Denver that does call for accessory dwelling units in all residential areas. And lastly, the proposed rezoning is consistent with the urban neighborhood context residential districts and the USC one zoned district. Therefore, staff finds the proposed MAP amendment is consistent with the review criteria and recommends approval. That concludes staff presentation. Thank you very much for the presentation and if you stay close in case we get questions, but we do have one speaker. So if you could leave that area free for just a second. Council has not received any written comments on Council Bill 106, but we do have one speaker signed up this evening. Jesse Pearce. Go ahead. The remaining members of council. My name is Jesse Perez and I ran for city council At-Large last year, got almost 15,000 votes with no money. And I'll be running again in 2023 to be your next mayor. And I'll represent for Denver Homicide, a low black star symbol for self defense, positive action for social change, as well as the Unity Party of Colorado and Mile High North. Hmm. This one here. Okay. So I was originally against this because it's not inclusive of what this neighborhood was. This is another area of town that's been rapidly gentrified, and I don't think the culture is being preserved in the least. So based off of that, I was a no. But seeing that this is obsessed with dwelling unit, I think I can be a reluctant. Yes, possibly. I just want to know what this is going to be used for. Is this for a family member? If the asking could please answer the question, are you going to be running this space out? It's just for a family member aging or something of that extent. I would just like to know that and what the AMA level for this unit would be. Thank you. Thank you. That concludes our speakers. Are there any questions from members of Council on one or six Councilmember Flint. Thank you. Hi. It's hard to tell who's speaking for masks on. Is this an owner occupied property? It is currently not. The applicant is planning to demolish, rebuild the existing home and move back on the property before the ADU is in place. Okay, so the house that's there now that we saw in the in the presentation will be scraped. Correct. And a new house will be built in. An ADA will be built in the back. I believe that is the plan. Okay. There's no requirement because one of the criteria is that 2 to 1 of our goals is to increase home ownership. There's is there a commitment that the owner will move back and occupy this as an owner occupied site? Is there a requirement to do that? Yes. So when they go for their zoning permit to get the accessory dwelling unit through development services, they will have to show that they do live on the property that is within our Denver zoning code. Okay. Thank you. That's all. Thank you. Councilmember Councilmember Hines. Thank you, Mr. President. I, I guess I'm misunderstanding. And maybe it's because District ten is a different district, you know, different flavor. My thought behind having it use was to protect against scrapes, was to preserve some of the historic character. And again, maybe my knowledge is skewed because there are a lot of historic buildings and districts and District ten. And so I was the lens that I've used. But is that not one of the express reasons why we should have to use or why we should allow or why we would allow it to use? Yeah. So typically in order to if you want to preserve buildings, usually our route is a conservation overlay or something of that nature. 80 use, I think are a better way to allow people to stay in their homes and that could be an existing home or stay on their property. And this applicant is actually proposing to scrap their house because it is not ADA accessible. And so that is their purpose for doing that. Well, props on accessibility. Thank you, Mr. President. Thank you, Councilmember. All right. I don't see any other double checking questions. All right. Uh. The public hearing for House Bill 106 is closed. Comments by members of council. Councilmember Sandoval, would you like to go first? This one's in your district. Thank you, Mr. President. Yes. So to answer your question, Councilman Hines, we in Council District one asked that CPD direct all applicants to my office, and they're pretty good about following up. And so my land use planner, Naomi and myself met with Jeffrey, Jeff McCaffrey. He is wheelchair bound. And so he is redesigning his house to be ADA accessible. Right now, currently, he has a hard time living there because of it's not accessible to his wheelchair. So in that vein, he decided that he wanted to do Aidoo in the back where he could live. I think he's going to actually make the ADA 80 you a wheelchair accessible as well? Ada accessible. So he came to our office. We advised him to meet with this Lone Lake Citizen group, like I do everybody, and that R.A. does not take a position on rezonings. So we asked him to reach out to his neighbors. And we got one letter of opposition, because the area around Sloan's Lake has changed from one unit to two unit on the South Side, and redevelopment really occurred. So people were are nervous about accessory dwelling units going in there. Whereas I'm not I feel like accessory dwelling units are a way to preserve housing stock in northwest Denver. And I've mentioned it before, but I'll go on record again saying that I'm going to be rezoning an entire neighborhood, 1400 doors coming up soon to allow accessory dwelling units and now systematically go through all northwest Denver doing that . So we create equity instead of creating about land values higher that have Aidoo zoning and not. So I would ask that my colleagues support this. And I'll just make a comment for the next one, if I can, so that we could speed things up or that I. Think save it for that one. Just so this on the official record of that one. You. Okay. Thank you. But thanks for attempting to speed things up for Councilmember Hines. Thank you, Mr. President. And thank you, Councilmember Sandoval, for your comments. Thank you, Applicant four four for commenting on ADA accessibility. I use a wheelchair obviously, for mobility. And and so I totally recognize that it is hard to find a unit that is wheelchair accessible unless it is purpose built for accessibility. So that totally is is something that is is an important consideration also to councilmember percent of walls point. If you want to go after that neighborhood in 1400 units and and legalize it use citywide I'm on board I've said that every other time that we've had any ADA discussion and I was wondering if there was something different in this discussion that was additional information. But but that doesn't affect my consideration. I believe the area should be legalized citywide. This is yet another example of where I'll be supporting it. Thank you. Thank you. Council Member Sandoval. Thank you staff for your work and attorney's office. And thank you, Mr. President. Thank you, Councilmember. All right. And I miss anybody. All right. Thank you to our awesome staff for putting this report together. I think this clearly meets the criteria, and I'll be supporting it this evening. Madam Secretary. Call. Senator Black CdeBaca, a friend. All right. Gilmore. Herndon, my hands high. Cashmere High. Kenny Ortega, I. Sawyer, I. Torres, I council president. All right. Madam Secretary. Police force voting. Announce the results. 3939 as comfortably a105 has passed. All right, council member to back, will you please put council 107 on the floor.