A bill for an ordinance changing the zoning classification for 4401 Josephine Street in Elyria Swansea. Approves an official map amendment to rezone property located at 4401 Josephine Street from E-TU-B to U-RH-3A (urban edge, two-unit to urban row house, three stories) in Council District 9. The Committee approved filing this bill at its meeting on 3-6-18.
Yes, Mr. President. I move the council bill 2018 0171 to be placed upon final consideration and do pass. Sorry. Just looking at the. List up here. We say. Can I get a second on the screen? Thank you. It has been moved and seconded. The public hearing for Constable 171 is open. May we have the staff report? Thank you. Scott Robinson with Community Planning and Development. This is a request to rezone 40 4001 Josephine Street from e t u v to urh3. A property is located in Council District nine in the Elyria, Swansea neighborhood. It is at the corner of 44th Avenue and Josephine Street. Property is about 11,000 square feet and is currently vacant. Request is to rezone from A2, which is urban edge neighborhood context to unit zoning with a 4500 square foot minimum lot size to you are h3a which is urban neighborhood context rowhouse zoning with a three storey maximum height and A indicates that additional building forms are allowed, including the small apartment building for on certain corner lots such as this one. The applicant is requesting this rezoning to allow for the construction of such a small apartment building. The surrounding zoning is E2 B to the north, south and east, and then high A to the west, which is late industrial zoning. The surrounding land uses are a mix of single unit two unit and multi-unit residential. Again to the north. South and east. And industrial. To the west. And you can see the subject property is the top left picture. And then some of the surrounding property, the industrial property just to the west is the bottom left and then the variety of of residential types in the other photos. This went to planning board on February 7th. I received a unanimous recommendation of approval. There was no public comment at that meeting. I went to the Land Use Transportation and Infrastructure Committee on March 6th, and we received no other public comment on this application. As you know, 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 three plans that apply to this property, the first being comprehensive plan 2000 has described in the staff report. Staff's found that the proposed rezoning is consistent with these four strategies from campaign 2000 relating to infill development, brownfield development and providing a variety of housing options. The second plan is Blueprint Denver. From 2000 to Blueprint, Denver designates this property as single family duplex, which calls for a mixture of housing types single family duplex, townhouse and small apartment consistent with what would be allowed under the new RH three zoning. Property is also designated as an area of stability, which calls for maintaining the existing character while accommodating new development, which is consistent with the proposed rezoning. Josephine Street is an industrial arterial. The arterial classification is consistent with the somewhat higher intensity proposed for the site. The properties in this area are not actually industrial, so the industrial designation, that sense does not have that much bearing on it. And 44th Avenue is a non-designated local intended for supplying local access. The third plan is the Elyria and Swansea and Neighborhoods plan from 2015. This plan again designates the property as single family duplex, which, similar to Blueprint. Denver, calls for moderately dense housing areas and a mix of housing types, single family duplex townhouses and small apartment buildings . Again consistent with the proposed you are age three. Zoning property is also designated a traditional residential area which again calls for this mix of housing types, single family duplexes and small apartment buildings. Again, consistent with the proposed zoning, the plan recommends a maximum height of two and a half storeys, which is slightly lower than what the proposed zoning would allow at three stories. However, there's not a zoned district that really meets all of the requirements of the plan. Plan calls for urban neighborhood context, calls for this mix of housing types and a two and a half storey maximum height. There's no zoning district that meets all three of those. So this zoned district, while slightly exceeding the height, the real difference is about three feet, 35 feet for two and a half storeys versus the maximum height of 38 feet for the apartment form. In the proposed you RH three. So staff believes that the proposed request is consistent with the recommendations of the Elyria, Swansea and Swansea Neighborhoods Plan and finds the first criterion met. The second criterion is uniformity of district regulations. The proposed rezoning would result in the uniform application of the new RH three zone district. The third criterion is to further the public health, safety and general welfare of the city. Staff finds that the proposed rezoning would do so by implementing the city's adopted plans and facilitating the redevelopment of a vacant parcel. The fourth criterion is justifying circumstances. Staff finds that the proposed rezoning is justified by the changed and changing conditions in the area. There's been a significant amount of change still going on in the Elyria, Swansea neighborhood with the redevelopment of the the stock show site, the addition of the RTD line and other significant other changes in the area that have increased the need for housing in the area and justified this rezoning to allow additional housing development. And the fifth criterion is consistency with neighborhood context, zoned district purpose and intent. The proposed rezoning would allow developments consistent with the urban neighborhood context and the purpose and intent of the new RH three AIDS on district. Therefore, staff finds that all five criteria are met and recommends approval and be happy to answer any questions. Thank you very much. We have three individuals signed up to speak this evening. When I call you up, please come up to the podium. First up, Casino Williams. So I'm not seeing a Williams applicant. I live in Denver and I'm available for questions. Great. Thank you very much. Next up, Jesse Pierce. Um. Yeah. This should be under further consideration. So I'm down for. And I know I know you spoke last time, but could you just say your name for the record for this one? Jesse Pierce. Thank you very much. And our last speaker for this one, Chairman Sekou. Yes. My name is Chairman Sekou. Explorer Action Movement representing poor, working, poor homeless people and voiceless youth. We are excited. About this approval of this ordinance change. I've been coming down here for almost 12 years and another 12 years. I've seen a sister, a brother from a neighborhood come up here and ask to be a part of this process. And that's a beautiful thing because that's what keeps me coming back, because I got hope for real. And I have faith in this body to make a decision that is unanimous because it fits every criteria for everyone else who have gotten this change. And to deny her that would be straight up racism and class. And that ain't your steady job. It's one of the issues we got going down here as it is. People don't get to know you on the television. I keep telling them, look, come on down here. General Clark, ain't that bad. Ben Franklin, these go with it. And then we got. To refer to the council as a whole. I'm Cooper poor. I'm taking them no more time. You already know it's already there. And we ain't got to talk about it no more because it's the right thing to do, period. Thank you. That concludes our speakers. Are there any questions from members of council? Kathleen Flynn. Thanks, President. Scott, could you the townhouse form allows apartments as well, three up to three stories. In the townhouse form. The units have to be side by side. They do and have to each have their own entrance. So it'd be the apartment for them to build an actual apartment building. And the townhouse form is limited to two and a half storeys and 35 feet in the proposal or three. But this is a corner lot, right? Correct. And in the in the code, it says a part one. You RH three apartments are allowed up to three stories on certain corner lots, correct? Yes. Yes. So an apartment could be built on this property in the apartment building form. Okay. Yes. All right. Thank you. That's all. All right. Any other questions? All right. Seeing none. The public hearing from House Bill 171 is closed. Are there any comments by members of council? It's a quiet group this evening. All right, Madam Secretary, call. Black eye. Espinosa. Flynn. Hi. Gilmore. Herndon Cashman. Kenny Lopez. I knew Ortega Susman. Mr. President. I. Madam Secretary, please close the voting. Announce the results. Ten Eyes. Let's see, 11 up on one. All right. 11 eyes counts. Bill 171 has passed. Councilman Herndon, will you please vote caliber 172 on the floor.