A bill for an ordinance changing the zoning classification for 2163 West 29th Avenue in Highland. Approves an official map amendment to rezone property from PUD 76 to G-MU-3 (planned development to general multi-unit), located at 2163 West 29th Avenue in Council District 1. The Committee approved filing this item at its meeting on 2-11-20.
I. Madam Secretary, please call the voting results. 1339 as Constable 130 has passed. All right, Council Member Cashman, would you please put 131 on the floor? Yes. Thank you, Mr. President. I move the council bill 20 20131 be placed upon final consideration and do pass. Thank you. Council Member It has been moved and seconded. The required public hearing for Council Bill 131 is now open. May we have the staff report? Welcome back. I'm back. I thank you. Member of the Council, Jason Morrison, Community Planning and Development. Second rezoning for you tonight as at 2163 West 29th Avenue. The request is from an old code ped two, gmu three GMI three is general urban multi-unit up to three stories maximum height. We are in Council District one Northwest Denver, then the Highland neighborhood. The subject property was on West 29th Avenue between North Vallejo Street and Umatilla Street. It's just over 6000 square feet and is currently a surface parking lot serving an existing office across from West 29th Avenue. The proposed rezoning to GMI three is consistent with the Zone District purpose and is an extension of the surrounding context and existing GMU three zone district. The current zoning is a former Chapter 59 PUD. It's adjacent to GMU, three to the north, east and west and Cmax five to the south. Pudi, 76, is a former Chapter 59 custom zoned district that allows for a surface parking lot as a primary use, and all other uses within the are three zone district with the maximum height limitation of 40 feet. The subject property is within the park at 51st and Zeno Street View plane. Therefore, the subject site has a maximum height of 86 to 90 feet maximum. However, the proposed zone district of GMU three has a lower height, maximum of 40 feet, so it's not in violation of this requirement. The site is occupied by a single surface parking lot. Surrounding uses include single unit, residential, multi-unit, residential office, commercial and mixed use. The closer you get to Federal Boulevard, which is west of the site and 15th and Boulder Street, which is just east of the site, this is a bird's eye view of the subject property looking northwest. And these four images are some of the single and multi-unit residential as well as the office nearby. The Map Amendment application was unanimously recommended for approval by Denver Planning Board and moved forward by committee back in February. Since the staff report was published, we have received no public comment. There are five review criteria when analyzing the appropriateness of the request. We'll start with consistency with adopted plans. In addition to comprehensive Plan 2040 and Blueprint Denver, there is one neighborhood plan and that's the Highlands Neighborhood Plan of 1986. But first, we'll look at comprehensive plan 2040. The proposed MAP amendment is consistent with several strategies from Plan 2040 listed here and also detailed in your staff report. Specifically, the request is consistent with strategies under the equity vision element because it will enable development of housing units close to transit and mixed use developments. It's also consistent with strategies under the environmentally resilient vision element for several reasons. The site is an infill is at an infill location where infrastructure is already in place and it will focus growth by transit stations and along high and medium capacity transit corridors. In Blueprint, the requested rezoning, as shown on the context map is urban context. However, the requested GM three zone district falls within general urban context. However, staff finds that the proposed Gimme three zone district is consistent with the neighborhood context, description and appropriate for this location because it is a multi-unit district allowing a variety of building forms , compatible height and building form and design standards. The building forms standards and uses work together to promote safe, active, pedestrian scaled residential areas. And these standards accommodate the pattern of urban house, duplex, garden court and apartment building forms. The future place of this area is low, medium residential, which is primarily residential, with limited neighborhoods serving commercial. West 29th Avenue is a residential arterial streets and North Vallejo and Umatilla Streets are on designated local streets, and the street classifications and desired building heights in this area are consistent with the zone, district purpose and intent. Therefore, it is appropriate for this location. This request is also consistent with Blueprint Denver's growth strategy, which maps this area as all other areas of the city. These areas are anticipated to see 20% of new housing growth and 10% of new employment growth by 2040. Finally, when thinking Big Picture Blueprint Blueprint Denver recommends rezoning properties from former Chapter 59, as well as custom zoning to the Denver zoning code, which is proposed with this application. We're looking at the Highland Neighborhood Plan. General recommendations from the plan include include creating more housing options and encouraging a mixture of residential types. The subject property is located in some areas six, which is intended to promote infill housing, which is compatible with existing low and moderate density. GMI three is consistent with the general recommendations and sub area recommendations of the Highlands Neighborhood Plan. The proposed rezoning will result in uniform application of zoned district building, form, use and design regulations. Will also further the public health, safety and general. Or welfare by implementing adopted plans, as well as providing additional housing units that are compatible with in the surrounding neighborhood and the adoption of the Denver Zoning Code in 2010 and the retention of a former Chapter 59 zone district on the subject. Property, including custom zoning, is an appropriate justifying circumstance for the proposed rezoning. The requested at GMT three is consistent with the neighborhood context description zoned district purpose and intent and staff recommends approval based on the finding that all review criteria have been met. Thank you. Thank you. Tonight, counsel has not received any written comments for this portion of our public hearing. I Constable 131 But we do have two individuals signed up to speak in person. First up is Kevin Anderson. If you wouldn't mind, just come up to the microphone, introduce yourself, say exactly that, and then you can grab a seat. Kevin Anderson And I'm here to answer any questions. I represent the property owner. Thank you very much. Next up, Jesse Pierce. Good evening, members of Council. My name is Jesse Paris and I'm representing for Denver Homicide Lao Black Star, symbol for self defense, plastic bags and for social change, as well as the Unity Party of Colorado and Mile High Knowles. And I'll be running to be your next mayor in 2023. Once again, you guys are making this really lovely for me. I don't really have anything to say except I want to know what the and my level was going to be for these units at this proposed site. So if the occupant could please answer that question, I would greatly appreciate it, because this neighborhood where this rezoning is taking place is being rapidly gentrified or has already been rapidly gentrified. And I would just like to know what I am in love with. Thank you. Thank you. That concludes our speakers on this item of questions from members of Council. Councilmember Sandoval. Thank you, Mr. President. Hi, Jason. I have a few questions for you. So on the packet it talks about you. They use overlay three. Can you talk about that? Because that wasn't in the plan. That wasn't in your staff report. And I don't know if everybody knows what that means. Sure. I apologize if I didn't go over that. So the youth overlay three year oh three is it's a youth overlay district designated as historic structure use overlay. And the intent is to encourage preservation, protection and adaptive reuse and enhancement of historic structures. So existing historic structures. Okay. And then I have a question for Kevin Anderson. Kevin. How are you? Good. So I just. I wanted to make sure that everyone here understands. You wrote a really good narrative in your packet. And it talks about the PD. So can you just talk about how we are hiring at the R.A.? We talked about how the PD technically it's not an up zoning control. Do you remember that in the letter that you wrote? It's not what. It's not up to zoning and you have it in bold underlined. And so I think that was a really important distinction when we had this discussion back before you submitted the application. Yes. Many times when people look at rezoning of property there, their their intention is to up zone. And this property is currently a PD 76, which allows surface parking and future development under R to R two is very is very similar to the gme3. And so we're we're not we're not zoning, we're just rezoning to meet the current zoning code. There currently are no is no designed for this property. I mean I'm I'm sure that one day it will be developed it's currently leased out to the the the office building across the street and other property owners in the area. So the owner of the site who also owns the office building across the street would just like it to be a current zoning designation. Perfect. Thank you. And answer. Yes, it did it just when we were at the community. It changed my framework. When you talked about floor to ratio area ratio and it's are three, you said R two, but it's actually r3i think from the staff report. Yes. And so I think a lot of times rezonings are triggered of zoning. And so I think that's a very important distinction that you put in your letter. So I just wanted to call that out. Thank you. Can I say. One more thing? Yes, sir. Yeah. And actually, between the R three and the GM, you three, the GM three has actually, I think, more restrictions that are better understood by by the planning department in the city because it's a current currently use code. Thank you. Thank you, Kevin. All right. Thank you, Councilmember. Councilmember Ortega. Mr. Anderson, if you could come back, please. I'm over here. So I wanted to just ask. I was looking at the staff report and it made reference to radon. Have you so are you the property owner or are you there? I'm an architect. That works with. That property owner. So did they do a phase one on the property? No. Okay. I was just curious if they were. I mean, we know that there are sites all around the city that have radon. And I guess that must be standard language about just how to address that as as part of the, um, the development. Yeah. In its current purpose that that wouldn't be required. But I would agree that any future development would definitely have to satisfy any of those requirements. Okay. So it's a parking lot now. Do they plan to do something different with it? The current owners do not have a plan to do anything with it because it's currently leased. I think, you know, everybody knows that a parking lot will eventually become something. So. But there are no current plans for that. Okay. Thank you. And Jason, did you want to add anything? My first question. I can add a little bit to that radon comment. So I believe you're referring to, oh, every time we have a rezoning, we farm the application out to various city agencies. And I believe this particular comment came from the health department, I believe. And so to your point. Exactly, it's just a list of notes to encourage the applicant that these are a number of steps you have to take moving forward. So it's very generic language and we find it in a lot of our rezoning cases. Thank you. This is the kind of stuff I want to see when we have railroad applications or applications next to railroads. But we'll do it that other time. Thank you. Thank you, Mr. President. Thank you, Councilmember Councilmember Hines. Thank you, Mr. President. I have a question for CPD as well. So the this you mentioned comp plan 2040, Blueprint 2019, and then the neighborhood plan is the highlands from 1986. I think I'm I'm assuming that the Highlands is a little bit different now than it was in 1986 at one point. Do we do we and this is kind of more theoretical, but at one point, do we say the neighborhood plan is no longer relevant or do we. Mm hmm. Yeah, so good question. So as council is aware, recently we passed a large development review. So if there's a rezoning or a property that's fairly large and significant, that's one thing that's part of that review. And so if we realize that there's not a neighborhood plan, first of all, or not a relevant neighborhood plan, meaning something that's, you know, older than I am, then traditionally we that's something that we use in our analysis. But within this particular location, we do have guidance from the comp plan 2040. We also have new guidance from Blueprint Denver. And then also I guess the hope is that as we continue our neighborhood planning initiative, this area will also undergo a new neighborhood plan eventually. So it is coming. Timing, you know, not so sure. Okay. Thank you. And thank you for this report. Thank you, Mr. Perfect. Mr. President. Thank you, Councilmember Councilmember Flynn. Thank you, Mr. President. Jason, what is the typical benchmark that CPD uses when evaluating these as far as proximity to high frequency transit? The reason I ask is you're citing Federal Boulevard, which you said is about a mile away. And I don't know that people walk a mile to catch a bus as if I thought we usually used half a mile. So I'm wondering, do we have a consistent benchmark? Yeah. I mean, I think if you you ask all of us, you might get a different answer. But I think, you know, generally we do kind of look for that half mile. I know that there is a bus line, I believe, along West 29th Avenue. You also have very close proximity to Union Station. I know it is a little bit more of a walk. So we do kind of generally look at the area as a whole. But, you know, traditionally I think we kind of look at that quarter mile, a quarter mile, half mile threshold. Right. Okay. And I did look at the RTD system map and there are two bus routes, the 28 and the 44 that run through this area or within about a block. But they only run at once an hour, which is not really high frequency. So you chose to highlight the proximity to Federal Boulevard. Just curious why that why that was chosen? Yeah, I think that, you know, generally speaking, I actually I don't exactly know the exact distance I must I think I include in the staff report, but I know it was between a half mile and mile of Federal Boulevard. So that is fairly close. There is you know, there are sidewalks that are in fairly decent condition in this area. We're also near a school that's close to Federal Boulevard as well. And so I think that's just kind of. Generally speaking, looking at the area as a whole, that's what we decided to include, Federal Boulevard as part of that analysis. Okay. Thanks, Mr. President. Thank you, Councilmember. Seeing no other questions from members of council, the public hearing for Council Bill 131 is now closed. Comments by members of Council of Councilmember Sandoval. Thank you, Mr. President. Highland is one of the more sophisticated planning and community development groups in my council district. It's where I learned zoning. It's where how I learned about overlays. It's how I learned about density. It's from starting back when I started with Councilwoman Judy Monteiro in 2012. So I think it might be an oversight that it's not in the packet, a letter of support. They're usually really good about writing letters of support or opposition. But I was at the meeting when this when Kevin Anderson presented to the neighborhood group and we had a long discussion about Florida area ratio. And basically Kevin summed it up is that they're actually giving away entitlement. They could actually get a taller building in the neighborhood with they did floor to area ratio. Then if they down if they zone to this and it's a form. So with that I always go with what my neighborhood group advises and they supported this. And so I ask for your support as well. Thank you. Thank you. Councilmember. Seeing no other comments, I will again say thank you very much for the comprehensive presentation and staff report. I think this meets the criteria as you've demonstrated and I will be supporting it this evening. Madam Secretary, roll call. See I. Black. I see tobacco. Eye for an eye. Gilmore, I. Herndon. All right. All right. Cashman. All right. Kenny Ortega. I. Sawyer. Torres. I. Council. President. Hi, Madam Secretary. Please. Because of ordinance results.