A bill for an ordinance changing the zoning classification for 7698 Jewell Avenue and 1901 South Ulster Street in Indian Creek. Approves an official map amendment to rezone properties from S-SU-D and OS-C to OS-C and OS-B (suburban to open space) with Waivers, for properties located at 7698 Jewell Avenue and 1901 South Ulster Street in Council District 6. The Committee approved filing this item at its meeting on 5-7-19.
Council has reconvened. We have three public hearings this evening. Speakers should begin their remarks by telling the council their names and cities of residence 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. 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. Direct your comments to council as a whole and please refrain from individual or personal attacks. Councilman Nu, will you please put Council Bill 407 on the floor. And move the Council Bill 19 407 be placed on final consideration and do pass. It has been moved. Could we get a second? Thank you. The required public hearing for Council Bill 407 is open. May we have the staff report, please? Hi. I'm Ella. Stevie and this is the proposed rezoning for 7698 Jewel Avenue in 1901 South Ulster Street. So we are in Council District six in the Indian Creek neighborhood. So Denver Water owns approximately 35 acres at this location, which contains multiple wells, including one that is still operable. Denver Water plans to convey seven acres to Arapahoe County and 19 acres to Denver Parks and Recreation as part of the Cherry Creek Corridor Improvements Project. This project, which is led by the Urban Drainage Flood Control District in collaboration with the city and county of Denver. Denver Water and others aims to restore the ecological function, the stream health and the open space amenity along a one mile reach of the Cherry Creek corridor between South Quebec Street and East Iliff Avenue. So of the 19 acres to be obtained by Denver Parks and Recreation, 4.6 acres are currently S.D. Denver Water and Denver Parks and Recreation are applying to rezone the SUD portion, which is on the west side of what's shown here to OAC to facilitate the Cherry Creek Corridor Improvements Project. Then Denver Water intends to retain the remaining 8.6 acres, which contains an active well for ongoing utility purposes. The applicant is requesting trees on this portion, which is on the east side of what's shown here to OSB with a waiver to align with the current utility operations and to enable future operational needs. So the proposed waiver would expand the use limitation for utilities, which currently allow a filtration plant or a reservoir to include water galleries , wells and pumping stations for water supply or recharge. It would also allow water utility operations, including offices, storage and maintenance of materials and equipment, as long as those operations are associated with water utility operations. The waiver retains the current OSP requirement for special exception review for utility uses, and it also introduces spacing requirements from the residential zone districts that can only be reduced if the Board of Adjustment is satisfied that negative impacts will be mitigated. So the current zoning is largely O.C., but you can see that portion in there that is assumed. There's lower intensity residential uses to the north, O.C. along the creek corridor and to the south, and then industrial zoning to the east and the west and the land to the west is in Arapahoe County. The site currently shows up as all vacant, though it does currently have other historic wells in the area to the east, including one operable well and then the single unit residential uses are immediately to the north and there their industrial uses to the east and west. The bottom right image shows the subject property from across the creek. And then the other two photos are examples of industrial and residential buildings in the area. So Planning Board recommended approval of this MAP amendment. The applicant team held two public meetings, reached out to the two renaults and two homeowner associations, attended a contract town home association meeting and mailed letters to 450 nearby residences and businesses. The application included two attached letters in support of this rezoning, citing its role in facilitating the Cherry Creek Corridor Improvement Project. So then for the rezoning criteria, we have three plans that are applicable for this site. The proposed rezoning is consistent with the comprehensive plan 2040. The proposed oases on district will enable the recommended restoration, recreational and multimodal transportation uses of the Cherry Creek and the adjacent land. And then the proposed OSBI Zone District with this waiver enables ongoing water utility uses as well as additional water utility operations in the future. On a site that has a long history of water utility uses in Blueprint, this area is mapped as suburban neighborhood context, which includes a variety of residential intensities and parks of various sizes, designated natural areas and open spaces. The property is mapped as residential, low future place in the suburban context. These types of areas are predominantly residential, but they are supported by a variety of compatible and vetted uses needed for a complete neighborhood such as schools, parks and commercial slash retail uses. And then the Complete Neighborhoods concept description in blueprint clarifies that quote context appropriate integration of utility infrastructure is also part of a complete neighborhood and quote and then Jewel AV and also Street are in designated locals in Cherry Creek. South Drive is an industrial collector, so low resident residential areas are cumulatively anticipated to see approximately 10% of the city's new employment growth and 20% of the new housing growth by 2040. And then the historic water utility use on the site with several wells under the ownership of Denver water for over a century and the absence of East Standard Zone District for these uses in this particular area, meet Blueprint's criteria for custom zoning. So therefore staff found that this request is consistent with blueprint recommendations. So the Cherry Creek Greenway masterplan was adopted by council in 2000. And it applies to the western portion of the subject site closest to the creek. Staff found the request to be consistent with plan direction, including the objective objective to preserve, protect existing natural resources and creatively develop adjacent land to integrate and increase open space. So the proposed OSCE will result in uniform application of zone, district, building, form, use and design regulations, and the proposed OSP with a waiver will result in the uniform application of zone district building, form, use and design regulations within this unique zone district. This rezoning for furthers public health, safety and welfare because it implements adopted plans for facilitates. The Cherry Creek Corridor Improvement Project enables Denver water to respond to changing water demand as the city grows, and the waiver includes language to mitigate any potential negative impacts. The justifying circumstance for this rezoning has changed or changing conditions, including erosion of the Cherry Creek corridor, population growth impacting water utility needs, and an increased use of that Cherry Creek Trail. Finally, the open space context consists of all forms of of public and private parks and open space, including those embedded in a neighborhood. Open Space Conservation Conservation District or O.C., is intended to allow for conservation of open space and natural areas, not intended for development and then open space Recreation District OSP is intended to protect and promote open space, generally intended for active or passive recreation use. And then the waiver language maintains building form requirements and includes specific language around siting and impact mitigation to ensure that the water utility uses will remain compatible with the adjacent open space and residential uses. So based on finding all criteria have been met. CPD recommends approval and Denver Water is here to speak with the applicant. Good evening. My name is Madeline Spinner. I'm representing Denver Water as the applicant. I'm an engineer in property and distribution management and Sensory. Eades from Denver. Parks is also here to answer any questions. Thanks. And my name is Janine Shaw and I'm with Denver Water as well and from our public affairs group. And I'm here to answer any questions as well. Thanks. All right. Thank you. We have three individuals signed up to speak this evening. I'm going to call all three of your names. If you could come up in this first bench here, that would help us speed up our proceedings. We have Madelynn spinner Janine Shaw and Jesse Parrish. Oh, are you the first that just. Oh, sorry, I didn't catch that. Okay. Well, we've got you both on record then. And so Jesse Parrish. Jesse Parrish. Good evening. Members of council, people in the audience. My name is Jesse Perez. I'm representing for Denver Homicide Lao Blackstock, some movement for self-defense and positive action, commitment for social change. And I reside in Denver District nine, and I was on top of the ballot for at large this past May 2019 election got almost 15,000 votes with no money. It's good to see that you are preserving these parks and our water for the next 20 to 40 years. The only question I had was how long this was going to take and was this going to service all of Denver, just those that get their water from Deer Cherry Creek or is it specific areas? And yeah, that was it. Those are my questions. Thank you. Thank you. That concludes our speakers questions from members of Council Councilman Flynn. Thank you, Madam President. Could one of the Denver water folks tell us there's wells on the property, but they're not we're not currently using any of that water for service, is that. Correct? We're not using any of the water for service, but we do have a 15 cubic feet per second water right on that property. Okay. And under what circumstances would we put that into use? Under no circumstances. Is there a plan. I'm sorry. Is there a plan? No plan right now? No. Okay. All right. So it's just in reserve? Mm hmm. Thank you. That's all I have. Time. All right. Thank you. Councilman Flynn, Councilman Cashman. Yeah. I don't know whether perhaps planning or parks. As I recall, the in addition to doing much needed work on the waterway of the banks, etc., I believe this creates a trail on the north side of the creek where one does not exist now. Am I remember in that correct sense? Right. Sincerely. Denver Parks corrects. We will bring the current trail, the regional trail, up to the new standard, but then also create a secondary trail to the north side for access of the community. Great. Thank you. Just wanted to verify that. Oh, and since the question was asked by a previous speaker, what is the construction timeline, anything of that nature for this project? So right now, we're still waiting on a few of the federal permits. Tentatively, we're hoping to start this summer. So end of June, early July. It was delayed because of those permits and it is going to be about a two year construction timeline. Okay. Thank you very much. That's all, Madam President. All right. Thank you, Councilman. The public hearing for Council Bill 407 has closed comments by members of council. Councilman Cashman. Thank you, Madam President. Yeah, this. This a great, much needed project. This area of. Of the creek has been deteriorating badly in recent years. It'll restore the waterway. It'll provide additional recreational opportunities. I love that new trail on the north, the enhanced trail on the south. So certainly will support this project and urge my colleagues to do so. Thank you, Councilman. In seeing that this rezoning also meets all of the review criteria, I will also be voting in favor of this tonight, seeing no other comments by members of Council. Madam Secretary, roll call, please. Cashman high. Black Flint. High. Can each. Lopez High. New for data. Assessment. Madam President. I. Madam Secretary, please close the voting and announce the results. Nine Eyes. Nine Eyes. Council Bill 407 has passed. Councilman knew. Will you please put Council Bill 488 on the floor?