A bill for an ordinance changing the zoning classification for 1845 W 46th Avenue in Sunnyside. Approves an official map amendment to rezone property from U-SU-C to U-TU-C (urban, single-unit to urban, two-unit), located at 1845 West 46th Avenue in Council District 1. The Committee approved filing this item at its meeting on 12-4-18.
Will have a noise when they come to Bill 1013 has passed. Councilman. Will you please put Council Bill 1381 on the floor? I move the council bill 18 1381 be placed by final consideration to pass. It has been moved and seconded. The public hearing for Council Bill 1381 is open. May we have the staff report? Good evening, Council. My name is Eugene Howard with Community Planning and Development. I will be bringing forward the application for 1845 West 46th Avenue and thank you for the opportunity. So this request for rezoning is in Council District one in the Sunnyside neighborhood. The subject parcel is located on the northwest excuse me, northeast corner of Shoshone Street and West 46th Avenue. The property itself has approximately 7460 square feet. The request before us is to change the zoning from the Urban Neighborhood Context Single Unit to the Urban Neighborhood Context to unit. I do have the applicant here present. Should there be any questions at the conclusion of this presentation? And the purpose stated in the application was so that the zoning of this parcel is in better alignment with its adjacent neighbors. So looking at the existing zoning currently in place, the subject site, as I mentioned, is a single unit zoned district. It is adjacent to one other single unit parcel. However, the remaining for the most part, the majority of the remaining properties on the site do already have the two unit classification. Looking at the land uses. This parcel is currently being used as a single family structure on a block predominantly used for single family, single unit residential. We do have a couple of duplexes in the vicinity as well as some other multi-unit uses nearby. The Urban Neighborhood Zone District that is being requested does allow for the urban house form, the duplex residential form as well as the tandem house. So those three are the building forms allowed in the two unit zoned district. The C designates the minimum square footage for a zone lot. That being 5500 square feet. So the subject property is in excess of that requirement. Looking at the context, the upper right image is of the existing property. The lower image is the look across 46th Avenue to the south. Again, we see some other residential uses there. Expanding our view out from the subject site. Starting at the upper left, we see some level of redevelopment occurring in the general area. Everything from two units over to larger single family uses on North Korea, this street. That lower image is of other, larger single family residential construction that's relatively new. And then the last image on the lower left shows us some townhome, another duplex development that's happened in the nearby area. Looking at the process, the applicants did provide the city and staff with a completed application in August of 2018. It was appropriately posted for our planning board hearing, which took place in mid November. Planning Board did unanimously vote to proceed or move this application forward to the Land Use Transportation and Infrastructure Committee, which heard this case on December 4th. We also received a unanimous vote to proceed to this public hearing. We go the registered neighborhood organizations that were notified. There are the four listed here on the screen. As of this evening, prior to this hearing, we had not received any formal comment from any of the four resident or registered neighborhood organizations. Moving forward to the criteria, as you heard in the previous case, there are five areas that staff reviews related to any rezoning that comes before us. So starting with consistency with adopted plans, there are three plans in place for this subject site, the Denver Comprehensive Plan from 2000, Blueprint, Denver from 2002, and then the Sunnyside Neighborhood Plan , which was originally approved in 1992. Moving forward, looking at the comprehensive plan, staff has found that this application satisfies the three strategies listed in the comprehensive plan, the first being environmental sustainability. Should this site redevelop and redevelop using the two unit zoned district designation, it would be a way of promoting infill development and making good use of land and resources and reducing continuous sprawl. Looking at the Landrieu strategy around infill development. So this again speaks to that and also would be consistent with the surrounding zoning that exists on three sides of this parcel and then the neighborhood strategy where landowners are encouraged to invest in their properties. So this could potentially be a reinvestment in the Sunnyside neighborhood should the site redevelop at some point in the future. Blueprint Denver sees this or calls this area a single family residential area. In an area of stability. Staff finds that this request is consistent as the single family residential would allow for a variety of uses, including two unit residential. The property is already adjacent to two unit zoning on three sides. As I mentioned, areas of stability are do allow for a certain level of redevelopment and new development. And the subject property is located on a residential collector street, which is really meant to help connect residents to amenities that exist in the neighborhood. And in this particular area. We have an unnamed park, we have a middle school, we have a U.S. Postal Service location. We have a variety of commercial, retail and industrial uses which could allow for employment opportunities for residents within the neighborhood moving forward. Looking to the Sunnyside plan, while it is one of our older plans, there were two elements within it that we found in support of this application and that being a call for harmony, if you will, and architectural diversity. And should this site redevelop, it could add to that fabric, that mix of residential uses that the Sunnyside plan would suggest, and also keeping the residential character of the surrounding area of that block would further the goal of maintaining and stabilizing the residential character that's in place. Moving on to our other review criteria. Criterion two we feel it's been met as the urban neighborhood to unit zoned district would result in the uniform application of that zoning. Given that this property is surrounded by that zone district already, we believe that it would further the public health, safety and welfare by having this location should it redevelop be in close proximity to amenities that have been mentioned. Again, the park open space, a middle school, the commercial, retail and industrial areas which could lend themselves to employment for anyone living there as well as our building form standards. Looking at criteria number four, for a to be particular, we feel that this has been satisfied because the area has changed and is in the process of changing with the redevelopment that's already occurred. And then criterion five Consistency with neighborhood context, zone district purpose and intent. Given that the applicant is not looking to change the neighborhood classification of urban neighborhood, it would be consistent with that as well as the existing zoning on three sites. So given that review and given the criteria, staff would like to ask you all to consider approval of this application. We feel that it has satisfied all the criteria required for a rezoning. So thank you very much and I'm happy to answer any questions. Thank you very much. We have six individuals picked up this week, signed up to speak this evening. So if you have signed up for this one, if we could if you could come down to this front bench so that we can get through everyone in a timely fashion, that would be appreciated. First up is Ray Williams, followed by a David River. Ray Williams. I might have mistakenly done that. I was just putting. Down to be here for. Answering questions as the property. Owner. That's right. If you could just introduce yourself and then we'll know that you're available. Ray Williams and the property owner at 1845 West 46th Avenue. And I'm available for questions. Thank you very much. David Rubel Let's see that he's still here. Jerry Burton. All right, Chairman CQ. Term of so-called next mayor is due to come in December 2019. Oh. This one. Qualifies all the criteria. That's just true. And to allow larger developments the opportunity to make money on rezoning and not let smaller folks do the same thing is not only immoral and unjust is just downright hypocrisy. How are you going to tell him he can't do it and you gave it to folks who's doing 200,000 units? Changing zoning. You can't do it. You can't do it. And see that sets the city up for lawsuits. Only problem is, the small folks like him ain't got no money to give no attorney more money than what the property is worth to go get it. So you got to be fair. You got to be fair. And yet this is exactly what happens to poor people because it's a rental unit. He doesn't live in that. It's a property profit producing thing, which is legal to do under the cab system in America. There's nothing wrong making no money or no property. But when you do it this way, what does that do for poor people who got to rent? Who got to pay the market value. And the market value goes up on this kind of rezoning because look where the property is located. Major transit, that's a selling point. Got curb appeal. Hey, we can really increase the property value of that property with a zoning change to hundreds of thousands of dollars and possibly millions in the future. If this thing keeps going the way it's going in terms of rent is too high and we can't afford it, we can't afford it, and we can't make him do that or accept Section eight to do that. So what do we do? But we got to move. We got to get out of City County, Denver, out of the city of high income. And you tell me you're trying to create a city of diversity and you're running folks out who are poor just aren't owning changes like this because you increased the market value. You pushed the profit over the people. And then you end up with a city with nothing but both looking like Boulder. And then you look up there. Self-interest. Not one of your poor. Not one we don't know. Could take one seat and no policy position in this city representing poor people who are actually poor. Talk to me about this mess. Thank you very much. Next up, Mariana Thompson. Short and sweet, ugly books once again. Come on, people. What about subsidized housing? We got 23,000 children in Denver. School system unhoused. If that doesn't hurt you as a parent, that's one thing. My children never had to suffer, and I'm now advocating day after day to get in surveys from people. Ugly boxes. Gentrification? No. Thank you. Next up, Jesse Pierce. We have. Good evening, members of council. My name is Jesse Perez. I'm representing for Denver Homicide Low Black Star Action Movement for Self-defense and Positive Action Commitment for Social Change. We are definitely against this rezoning. Like was previously stated. We have a housing crisis in the city. This is not affordable by any means. This rezoning change for this property that is in question, this whole neighborhood, this whole part of the city, which is in Espinosa's district, by the way, has been rapidly gentrified. The original natives of the area cannot afford to live in the neighborhood anymore. They are being displaced and they are being put out. And this seems to be a pattern in all areas of the city, but it's more obvious. In this district, in this neighborhood, who are asking you to vote no on this. We have a housing crisis. This is not answering nor dealing with the crisis at hand. This is just putting more money into people's pockets that already have money. This is just enriching those that already have the means to enrich themselves. And it is completely neglecting those that are poor and downtrodden and homeless. And the city has made, in an effort to completely put them out of sight, out of mind, to increase tourism and make this the city, the world class city that neglects homeless people, that neglects people of color, specifically black and brown people. And criminalizes the homeless on a basis of just being homeless. So, yeah, everybody, listen, I'm asking you to vote no on this and sweep council like they sweep the homeless every night. Thank you. Thank you. That concludes our speakers. Are there any questions from members of council? Yeah. I got a question. Councilman Espinosa? Yeah. So, Ray, can I ask you a few questions? And I wasn't expecting the comments that we got, so don't. You're going to read into that? Don't freak out by the questions. So how long have you resided in this property? I have not resided in the property. I've owned it since 2005 when it was a foreclosure and I bought it out of foreclosure. So no one was living there at the time. It was a hot home. But it is. Is it currently occupied? It's been rented. I had to rehab the property from despair. And it's been rented. Since that time. Okay. Thank you. No further questions. All right. Seeing no other questions. A public hearing for Council Bill 1381 is closed. Comments by members of Council. Councilman Espinosa. So. Jesse. Thank you. You said what I've been saying in so many forums, so many times up here, exactly what still is going on in this district. And I'm upset. Right. Because the you know, when I first said, hey, we have a gentrification problem in northwest Denver and we need to do something. And the only person that really can wield that sort of power in a strong mayor government sort of overnight. Is the administration. And shortly thereafter, about a year, even a vulnerability study had been done in 2015. They took a year for us to see it and then it was mapped out what we already knew was going on in northwest Denver and then still no action in it was told that it was a market problem and that the city couldn't do anything about it. And then in Coffy happened. And you bet, that brought a whole bunch of attention to the issue. And even though we had built an office of hope. We killed Hope and replaced it with a nest. And that the good news is, is NEST is focused on gentrification matters. But guess what? Where it's not focused on northwest Denver. You know, the priorities are in the northeast section, in the southwest section of the city. But it is still happening in northwest Denver. So I don't fault it is that there is a problem in the in the mean it is a opportunity the market forces are what drive this thing. But they are come when this happens and I don't fault the applicant in any way, shape or form. With this happens, they're making a voluntary request for the city to grant them additional entitlement, and they can make an easy case. But when they're coming in and asking, why not put strings on that? Councilman New came into office with a proposal a binder three inches thick about about infrastructure fees because when you build these things, you have impact that we all bear the cost of. And you can do that. There's a way to to put a certain surcharge in this process. And I'm using the wrong legal terms, but we all get it. And so it's not the problem, the applicant that we have not put the tools in place to do this. So you're not going to see me opposing this rezoning in any way, shape or form. And in fact, if you watched Luti committee, you're wondering sitting there, why aren't we doing both proposals at the same time? So at least that other property owner has the ability to get on entitlement that some other savvy developer is going to eyeball at some point and go, Look, there's a donut hole there. Maybe I can buy this property out for what its existing entitlement is. Will pay my less than thousand dollars to file a mean to do an application and and be able to double the amount of housing that I can sell there. Because it's when you have a parcel this big 7000 square feet, you could cover it with about a 9000 square foot home. Good luck selling that. As desirable as my district is, $3 million home is hard thing to sell. But two $1.5 million homes. Doable. That's crazy. Because in 2005, this was a foreclosure and that was a tough area to bank on. And a lot of people who didn't have a lot of means were living there. And a lot of those people who were renting and again you're not you're not this were had their property sold out underneath them and a lot of people when the market finally hit and it's hit over here. If you went over there when I started my time in office, 46 did not have a single new build on it. On this side of town. On the east side of town. You. Now there are in the tens of new units on that street between 40 tiona and pacos and that's the market. It is forcing people out of viable, affordable homes and being replaced with four or five. And who knows what the market is these days? And we. Could do something about it. We should do something about it. And we have not. Part of the reason why I announced that I was not going to run for reelection because I found that, like ballot measures. Sometimes you can move this body better as a constituent outside on the other side of the dais than you can on this side of the desk. And I bet you would be a partner with me on that because he bought this area when it was vulnerable. And the project right across the street houses a lot of subsidized Section eight units, but it's a great project. And this will be a great neighborhood, but it would be a greater neighborhood if we could somehow capture this wealth and this prosperity, but not displace people in the process. And we need to build those tools. So I use this to get on my my stump speech, but it does meet all the criteria, just like all the surrounding properties do. It does make sense. I just encourage the developer to build something that is sensitive to the public realm, has good quality, character, durability, and will last as long as many generations as is the housing stock has in that neighborhood today. And so with that, I'll be supporting the rezoning. Thank you, Councilman. As for noticing the other comments, I'll just add thank you to everybody who stuck with us this late into the evening. And again, thank you to staff for great presentation and for articulating the staff report why how this met all the legal criteria. And for that reason, I will be supporting this tonight. Madam Secretary, roll call. Espinosa by Black Eye Brooks. Flynn. All right. Herndon. Cashman. All right. Can you. Lopez. All right. New or Ortega y assessment. Tonight. Get to me. I'm sorry, Mr. President. I. All right, Madam Secretary, please close the building, announce results. Lebanese. Lebanese calls about 1381 has passed. On Monday, February 11th, Council will hold a required public hearing on Council Bill 1477, changing the zoning classification for 1709 and 1717 Washington Street in North Capitol Hill. Any protest against Council Bill 1477 must be filed with the Council offices no later than noon on Monday, February 4th, 2019.