A bill for an ordinance changing the zoning classification for 1400, 1404 and 1408 West 37th Avenue in Highland. Approves an official map amendment to rezone property located at 1400, 1404, and 1408 West 37th Avenue from TU-B2 DO-4 to U-MX-2x (urban, two-unit to urban neighborhood, mixed-use) in Council District 1. The Committee approved filing this bill at its meeting on 10-31-17.
Speakers must stay on the topic of the hearing and must direct their comments to council members. Please refrain from profane, profane or obscene speech. Direct your comments to council as a whole and please refrain from individual or personal attacks. Councilwoman Black. Will you please put Council Council Bill 1076 on the floor? I move that council bill 1076 be placed upon final consideration and do pass. All right. It has been moved in second in the public here for 1076 is now open. We have the staff report. You're not, Scott. I'm not. I am Sarah White with CPD. And I'm actually going to be filling in for Scott on this first hearing. So I'm going to do the best I can. All right. Thanks, Sarah. So tonight, the request is at 1400 1404 and 1408 West 37th Avenue to go from YouTube to with the DEO for overlay to um, x to x. We are in district one in the Highland neighborhood. We're generally at the southwest corner of 37th Avenue and Mariposa Street, near the Navajo Arts District, a block south of 38th Avenue . The property is a little over 6000 square feet, currently has a collapsed building on it. That was formerly a restaurant use and the applicant is requesting rezoning to allow them to redevelop the site. So the current zoning is the urban two unit zoned district with the Geo four overlay and the requests to go to the urban mixed use to ex district. Like I said, the subject site is YouTube too with the video for overlay to the north, south and east are that matching YouTube to zoning and immediately to the west is the um x three with the you are one and you are two overlays that generally aligns with the Navajo Arts District. This site. This map currently shows the site as mixed use, but it is currently vacant after the building had collapsed. To the north is generally a mix of residential uses as well as to the south and the east and to the west. Along Navajo is a mix of residential and entertainment and cultural commercial uses. These are some pictures of the surrounding building form and scale. So you can get a sense of the type of residential that's in the area and as well the kind of character that exists on the Navajo Arts District, a block to the West. The process so far. Planning Board heard this item September 20th with a90 vote recommendation of approval where three people spoke in favor land use. Transportation Infrastructure Committee moved it forward on October 31st. Public Comment. So far, we did receive a letter of support from the Highland United Neighborhood Association and an additional 23 letters of support from the public on this matter. So moving into our five review criteria for rezoning. The first consistency with adopted plans will be reviewing comp plan 2000 Blueprint, Denver, the Highland Neighborhood Plan and the 41st and Fox stationary plan for consistency here. The request generally aligns with several strategies that are outlined in the comprehensive plan related to infill and environmental sustainability. And those are detailed further in your staff report. Blueprint. Denver designates this parcel as neighborhood center in an area of change. However, you can see that the mapping here from Blueprint Denver probably there was an error in mapping that we didn't catch so that that neighborhood center area of change probably should extend actually on either side of Navajo instead of the full block between Navajo and Mariposa. So the argument could be made that this site is actually supposed to be designated as single family duplex area of stability. Either way, though, the request is going to be consistent with the recommendations. So if we were evaluating it under the neighborhood center area of change that's requested to serve everyday shopping service entertainment needs of neighborhoods and allows a mix of uses which the are IMAX two X does do and then for single family duplex, the description calls for moderately dense areas that's primarily residential but with some complementary small scale commercial uses. And generally the you're max two X District is our least intensive mixed use district. The X on the end indicates that there are some additional use restrictions and the intent of this district is to be applied embedded in residential neighborhoods. Given that that sensitivity to the intensive uses. So either way, especially given that there was an existing commercial use on the parcel, the request would be consistent with Blueprint Denver. Additionally Blueprint. Denver has our street classifications. Both streets Mariposa and 37th Avenue are local streets, which is consistent with the intent of where you are. Max two X is to be applied. The Highland Neighborhood Plan, which is from 1986, has various strategies for the neighborhood. One is to promote infill development on vacant land or abandoned structures which this zone district would allow to happen. Encourage a mixture of residential types and costs. Promote development. Infill development should be compatible and character providing appropriate buffering below traffic generators so that you a mixed two district two x district generally will provide those character defining features . And additionally, there is some language about the adjacent 13th Navajo and strategies to reinforce and strengthen the retail area and encourage new compatible uses. This is also part of Sub Area 13 in the Highland Area plan, which generally talks about improving, stabilizing the residential areas, encouraging the re-use of vacant or abandoned commercial structures which the rezoning is intending to do, and discourage further industrial and commercial encroachment. So once again, applying a mixed use district where we already have an established or previously established commercial use. So it is not a further encroachment of commercial. And then this site is outlined in red on your side. So it's at the very, very edge of the 44 x 41st and Fox station area plan. So this does call for single family or single family duplex. And again, for the reasons that it was consistent with the blueprint single family duplex recommendation. Given that the intent of this Mike's district is to be applied in these areas, would you find that the request is consistent with the 41st and Fox stationary plan? The second criteria uniformity of district regulations. The request would result in the uniform application of the annex to zone district. It would further the public health, safety and welfare one to the implementation of adopted plans and also would facilitate redevelopment of a abandoned and crumbling site. The identified justifying circumstance is changed or changing conditions. They've identified redevelopment in the Highland area and the Navajo Arts District and the collapse of the structure on the site all as the changed or changing conditions that would encourage redevelopment here. And the request is generally consistent with the, um x two zone district purpose and intent to promote embedded mixed use within neighborhoods. So given that the request complies with all five review criteria, staff does recommend approval. Thank you. All right. Thank you, sir. We have two speakers this evening called the first two speakers up to the front row, Paul, Stan and Chairman Sekou. Mr. Stan, your first. Thank you. My name is Paul Stan. I live at 1444 Massey Street in Denver, and I'm here to answer any questions council may have regarding the rezoning. I'm the applicant for the project. All right. Thank you. You can have a Caesar. The chairman say coup. Good evening. My name is Chairman Sekou. I represent the Black Star Action Movement for Self-defense Advocacy Group for poor, working, poor, homeless and senior citizens. We support this change in zoning for a couple of reasons and based on experiences recently. There is a component part that we may want to consider when we talk about this region rezoning changes and rebuilding neighborhoods and whatnot. And that becomes a question of public safety. And in that, as we go about developing these areas and people are more inclusive in these vacant areas, areas we need to talk about and think about how these plans are consistent with the manpower base for the police department to do a safe job and make sure these areas are secure. Because as more people come in to develop areas. Also you have the element of desperation of people who, quote unquote, in the category of criminals. They come in, do things that you normally wouldn't do when you have a building. Nobody there. So we need to think about that and make that a part of the zoning changes to make sure that we're able to, as we do this development stuff, is planned so that the things that people need to make this thing work are in place so that we don't develop areas that are unprotected. So that's one, too. We support this rezoning because what it represents for poor, working, poor and homeless people, it's an opportunity to go to work. And as we go about doing these things in a neighborhood plan. But the godmother suggested Debby Ortega We be consistent in making sure that this not only develops the area, but also the people in the area so that poor people can come up with a job with economic benefits so that they can afford the development and be a part of the development as a vibrant member of the community and then not left behind so that they're actually a part of how this thing works. So I see the time is running out. So I would be remiss if I didn't mention this in relationship to tying this together. So work with me. I got this. Thank you, all of you. Who participating in making that situation happen at the Dice Square situation. Outstanding job. Outstanding job. Those phone calls got the attention of Chief White and the commander there. And the person who was doing that stuff is gone because there was overwhelming force by the police department interviewing every person in that building and now is secure. We thank you very much for your participation. Outstanding. Outstanding. And this. You taught me this. I keep it out of the press. I gave it out to press. Could we got to stay on the hunt? Great job topic. Great job. You smile enough to work with me. Thank you, Mr. Cooper. Okay. We that ends our speakers for the evening for this public hearing. Are there any questions for members of council? Councilman Flynn. Thank you, Mr. Stan, the applicant. Just a quick question. You purchased this property earlier this year. And just if you could briefly describe what your intent is. Our intention is to finish removing the structure that's on the site and to create five townhomes. Hmm. Okay. Thank you. Mm hmm. Great. So townhomes can be either for sale or for rent. Can you just clarify if the expectation is for them to be for sale or for. Where they're going to be for sale? The price range is probably going to be in the 4 to $500000 range. Great. That's affordable for that neighborhood, which is ironic to say. Yeah, that's true. Thank you for. Okay. Oh. Councilman Espinosa. Yeah. Oh, I'm sorry. I wasn't going to ask any questions, but I. I feel like I probably should, just based on the two questions, ask you a few to sort of get some context for my colleagues. So you you actually purchase this from a developer that was proposing the different projects, is that correct? Yeah, I think he was proposing a high end restaurant, I think Parisian. And I think that the owners were from Aspen or something else. And then you actually heard some concerns from the community about that transition and ended up in a dialog with the neighborhood as well. Yeah, I could explain a little bit. We worked extensively with with the neighborhood groups, with the honey group for that negotiation happen over a ten month period of time. We had several meetings together, architect shared various plans, various concepts with them, and we finally arrived at a resolution that everybody was happy with. I think it will be memorialized in a member event. It is memorialized in a member memorandum of understanding. And once the Council bill is signed, we will deed restrict the property for 25 years based on our negotiations with the local neighborhood. So that was really I appreciate those answers to just provide my colleagues some context because all the some very hard work that you did and some and I appreciate you entering into that dialog and coming to that sort of conclusion is part of why, you know, you can stand here today with the support of honey in 23 letters of support and not a single voice in opposition to the project. None of that would have been even known if we had just sort of followed our normal protocol. So thank you for answering those questions. Thank you for your kind words. We believe in working very close to the neighborhood and making sure it fits within the context of the neighborhood, and that we've listened to the concerns that everyone in the neighborhood. Great. Thank you. Thank you. Okay. See no other speakers this. This concludes the public for 1076 is now closed. Now comments from members of council. Councilwoman Espinosa. So that was it. I'm glad I got to ask the questions of the applicant. I just want to reiterate that this is this was a very robust dialog that occurred over some period of time. And I just want to thank the developer for engaging in that conversation and and in getting to the terms that you entered with the community. I think that creates the win win that makes this application more appropriate and consistent with the adopted plans than the even the base zone district does. So thank you for that. And with that, I'll be voting in support of it. All right. All right. Thank you, Councilman Espinosa. Councilwoman Ortega. Thank you, Mr. President. This is in my neighborhood. It's just a few blocks away from where I live. And Honey is a very active neighborhood association. So if there was any contention, this room would be filled. So the fact that there aren't any residents here really is a testament to Mr. Stand's work in the community. And I just want to share with you all that Mr. Stan worked with Ray Super, who is one of our downtown developers that did one of our first housing projects that actually included affordable units. This was a for sale development at 15th and Blake before the inclusionary housing ordinance was adopted. And they, you know, just recognized the importance of just stepping to the plate and figuring out how to how to fold that in. And later, the inclusionary housing ordinance followed. And as you know, we had 10% at 80% of the Amari for anybody doing more than 30 units, which I'm sorry to say, no longer exists for new development in this city. I think it was one tool in our toolbox that would have been great to keep along with what we've recently adopted. But I just want to speak to the character of Mr. Stan in the work that he has continued to do in our community. So good job. Thanks. All right. Thank you, Councilwoman. I take it, Councilman Espinosa, you back? I just wanted to add one one bit of the. One bit of the ammo you mean the covenants that that I think matter the the covenant will mean the deed restrictions will require that the units face both Mariposa and 37. And those are sort of sort of logics that are consistent with where we're heading with on the side home task force. So the neighborhood and the developer came to an agreement that actually sort of starts to address many of the concerns that we get in other more use by right situations. So thank you again for for that. All right. Excellent. It has been moved in second. There's no speakers. Madam Secretary Roca. Espinosa. I. Flynn. II. Gilmore. Herndon. Cashman. Canete. Lopez. New Ortega by Sussman assessment black Clark. All right. Mr. President. I. Police was worrying us results. Sorry. There's one missing. This should be just 112 voice. All right, 12 eyes can spell. 1076 has passed. Congratulations. All right, on to the last public hearing of the evening. Councilman Black, will you please put Council Bill 1143 on the floor?