A bill for an ordinance changing the zoning classification for 4714 N. Bryant Street in Sunnyside. Approves an official map amendment to rezone property from U-SU-C to U-SU-C1 (allows for an accessory dwelling unit), located at 4714 Bryant Street in Council District 1. The Committee approved filing this item at its meeting on 9-22-20.
Please refrain from profane or obscene speech. Direct your comments to council as a whole and please refrain from individual or personal attacks. Council Member State Abarca Will you please put Council Bill 965 on the floor for passage? Yes, Madam President, I move that council bill 20 dash 0965 be placed upon final consideration and do pass. Thank you. It has been moved. And I get a second. I get. Thank you. The required public hearing for council bill 20 deaths 0965 is open. Maybe. Please have the staff report. Yes. Hello? Council president. Are you able to hear me? Mm hmm. Go ahead, James. Thank you. Did you need any assistance from us? James, for the presentation. I apologize. I am attempting to share my screen right now and am having an issue. We'll see if we can get you some help here. Appreciate it. I believe Zach has a copy of my. Presentation as well. I'm not able to control it myself. Oh, yeah. All right. We'll go ahead and get Zach. He just needs 1/2 and he'll pull it up and then you can go ahead and get started, James. Thank you so much. I appreciate it. And thank you for being with me with these technical difficulties. No worries. It's our. It's our new way. So thank. Right. So I'm seeing a presentation pulled up and. 4714 Bryant Street. All right. I was looking at that and that didn't look right. So. I'll have that. Get the correct one and get it up there. That's the one. Thank you so much. I appreciate your patience and your help. So before you today, we have a requested rezoning from you, as you see to you as you see one. This rezoning would allow for a detached edu. Highway. In the. Urban Single Unit C Zone District. The property in question is located in Council District one in the Sunnyside neighborhood. Next slide, please. And next slide. So the location is on Bryant Street in between 47th Avenue and 48th Avenue, just south of Interstate 70. The proposed rezoning from U.S. to U.S. allows the urban house and detached accessory dwelling unit building forms. Max building height is between 30 and 35 feet, depending on light width, and you need a minimum lot size of 5500 square feet for this zoned district. Next slide, please. The existing zoning is USAC and it is surrounded by other U.S. U.S. parcels. There is a US hub one several blocks to the south and ESU directs zoning to the North Cross, Interstate 70. And next slide, please. Existing land use is predominantly single unit residential in the area with some public and quasi public uses in the vicinity. Next slide. This is an existing building form and scale. The photo in the upper left hand corner shows the property in question, and there are several photos of the neighborhood in general to give additional context. Our process line. This item was heard at the 916 Planning Board meeting and voted unanimously recommending approval and Luti unanimously moved this application to the full council on September 22nd. As of present, there have been six letters of support from neighbors, no letters of opposition, and no statements from the R.A.. There are five review criteria that must be met to approve. This requested rezoning consistency was adopted plans, uniformity of district regulations, furthering public health, safety and welfare, justifying circumstances and consistency with neighborhood context and zoned district purpose and intent. So there are four plans that are relevant to the proposed site. Comprehensive Plan 2040 Blueprint Denver. Housing and inclusive. Denver and the Sunnyside Neighborhood Plan. So the proposed rezoning is consistent with several of the tenets of Plan 2040, including equity and climate positions. Equity, Equitable, Affordable and inclusive. Goal two Strategy A is to create a greater mix of housing options in every neighborhood for all individuals and families. This zoning allow for an additional dwelling unit that is accessory to the primary single unit dwelling use and introduces a new housing type to a largely single family neighborhood. Accessory dwelling units can provide housing for individuals or families with different incomes, ages and needs compatible with single unit homes that currently dominate the Sunnyside neighborhood. For climate. Oh, sorry. Go ahead. Let's find. It is. You know, this property is located in the urban neighborhood context. Small, multi-unit, residential and mixed use areas are typically embedded in one and two unit residential areas, and your block patterns are regular, usually with alleys, and you can expect a high degree of walkability and bankability in this context. The Denver Blueprint Blueprint Denver Future Places map and subject site is designated within the low residential future place types, which is predominantly single and two unit uses on smaller lots. Accessory dwelling units and duplexes are appropriate and can be thoughtfully integrated where compatible the future street types. Rent is a local and or an designated street, as is 47th Avenue at this location. Looking at the Blueprint Denver growth strategy. This is a version of the future places maps showing aspirations for distributing future growth in Denver. This subject property falls within the all other areas of the city where we expect to see 10% of jobs and 20% of housing growth by 2040. Consistency with Blueprint Denver Strategies. Specifically, this 80 year rezoning is consistent with a policy for diversity of housing choice through the expansion of accessory dwelling units throughout all residential areas. Slide please. Says, also consistent with housing and inclusive Denver, which is a plan that was adopted in 2018 and although not adopted as a supplement to plan 2040, was still adopted by city council and can be considered relevant to the review criteria for this MAP amendment. And there it is. The proposed rezoning is consistent with a number of priorities and recommendations, including legislative and regulatory priorities, recommendation to expand and strengthen lending frequency regulations for affordable and mixed income housing, including expanding the development of accessory dwelling units. Next slide, please. The last plan that is relevant to this parcel is the Sunnyside Neighborhood Plan, which was initially adopted in 1992 and re adopted in 2002. The plan is silent on its use and only contains a single housing related goal, which is to stabilize and upgrade the housing stock by encouraging long term residency and increasing homeownership . The proposed MAP amendment is consistent with this plan goal, as construction of an 80 year will provide the opportunity for additional long term residency in the neighborhood. Criteria to the proposed rezoning will result in uniform application of zoned district building form, use and design regulations. There are no waivers or specialized zoning requested criteria three Furthering the Public Health, Safety and Welfare. This plan, this proposed rezoning, does that primarily by implementing adopted plans such as Blueprint Denver and by providing additional housing unit that is compatibly integrated into the surrounding neighborhood. So the applicant lists the as the justifying circumstance since the date of approval of the existing zone district has been changed to such a degree that the proposed rezoning is in the public interest. As discussed above, Blueprint Denver specifically recommends the city diversify housing choice through the expansion of accessory dwelling units throughout all residential areas. And that plan was adopted after the date of approval of the existing zone district, which makes it an appropriate justifying circumstance. And finally, criteria five Consistency with neighborhood context zone district. Purpose and Intent in your urban neighborhood context. It primarily consists of single unit and two unit residential uses of a single unit with an air to you certainly falls within that realm. Residential districts in general are intended to promote and protect residential neighborhoods within the character of the urban neighborhood context. The building forms standards. Design standards and uses work together to promote desirable residential areas, specifically the U.S., U.S. one district, a single unit district which allows urban houses and detached accessory dwelling units with a minimum sunlight area of 5500 square feet. Setbacks and light coverage standards accommodate front and side yards, similar to you as you see, and allow detached accessory dwelling units in the rear yard. CPD recommends City Council approve the application based on the findings at all. The review criteria have been met. All right. Thank you, James. Council has not received any written testimony on Council Bill 20 20965. And we have seven individuals signed up to speak this evening. Our first speaker is Rachel Subfloor. And maybe we don't have. Rachel here. And so. We'll go ahead and go to Sally Squires. All right. Go ahead, Sally. Good evening, everyone. Thank you so much for taking time to meet with me this evening. I really appreciate it. I learned a lot tonight from watching you guys. It's been fascinating. I actually am the homeowner at 4714 Bryant Street. And I've lived here for 12 years. I've lived in Sunnyside for 20. And I purchased this property 12 years ago because I loved how cute and quaint it was. It's it's back on the property. It's a it's a it's almost 100 years old. And I just I love this neighborhood. And I when I started thinking about doing an ad, you started talking to the neighbors and just kind of getting their feedback. And everybody thought it was a really great idea. So I have a lot of support in what I'm what I'm planning on doing here. And my hope is eventually one day to have that the 80 you for any of you who have elderly parents to to be a residents for either my mom or my fiance's mom so that they have somewhere safe to be and that they that we can help take care of them in the future. I think especially with this pandemic, it's really opening everybody's eyes to how important we need to take care of each other right now. So I did get several letters of support. I think I have six letters and I and I'm hoping some of my neighbors. Could could stick. To could stay on tonight to share with you their thoughts as well. We're really fortunate to be able to see Sunnyside growing. And and there are several ADAS over here. And it's it's I just think they're wonderful. And I'm sorry if I sound nervous. I am a little bit so. But I just again, I want to thank you so much for your time. And I am requesting from the Council that you approve rezoning 4714 Bryant Street from the you as you see to the you as you see one. Thank you so much for your time this evening, everybody. I really appreciate it. All right. Well, thank you, Sally. And next up, we have Jesse Paris. If you can remember. Mm hmm. We can hear you, Jesse. Great. On Jefferson Parish. Don't know. The next year, in 2023. And I represent a group, Homeless and Low Black Star Action for Self Defense, Positive Action for Social Change about the Labor Party of Colorado. And while my mom stated I will be your next mayor in 2023, it looks like the occupant in the city did their homework with this rezoning. I just have a few questions I like answered the first. This area was one of the first areas of town to get rapidly gentrified, ethnically cleansed out those that watch it. So your take on it? Yes, because I supported it throughout my campaign. And what about the city council by almost 2000 votes, way more money. So I've been recently in this neighborhood campaigning for my Pops massacre, one of the worst things in it, and I've seen drastic changes throughout all areas, never let, especially on the north side of town, in the north side, Sunnyside, Chaffee Park, Brooklyn Park. So, you know, it's going to be a reluctant yes for me tonight. I'm really disheartened that this council did not pass a proposal that can move this campus. My constituents that are suffering the most during this pandemic, and it's really shameful to see this council just blatantly shut them down. But yeah, in 2023, you guys can be voted out. And I walked around every street in Denver, so I know where everybody lives. So all of us watching today. How stupid. So. With that being said, it's going to be a little bit yes for me. I support 80 News. I have a question now. How many of you have been afraid in this run and what are the racial demographics of the occupiers? If you could answer those questions, I would greatly appreciate it. Thank you. Thank you. Next up, we have Jamie Haskell. Hello. I'm Jamie Haskell. I'm 4723 Beach Court, which is directly east of Sally's residence. Across the alleyway, the back of our property lines touch each other. I've lived here for almost nine years. Sally has been very transparent and has communicated well with our neighbors on her intention of construction, and it has been very much appreciated on on her openness with it. I've seen the eighties are desirable to stabilize the neighborhoods in Denver and provide more housing to a city that is clearly in a shortage of housing. This would also allow for owners of in our neighborhood to remain in their residence instead of selling to a larger developer than them creating a monstrosity. Instead of the plans that Sally have, which would maintain the sunny site architecture that you can find in the area, I just want to say I support the rezoning request for 4714 Bryant Street to allow Adu, and I appreciate the Council's time to listening to this rezoning request. Thank you, Jamie. Next up, we have Bruce O'Donnell. Bruce. You might need to unmute your self. Hello? Can everybody hear me? Mm hmm. We had Bruce O'Donnell apologize. I think there was some kind of political mix up, but this is actually Rachel Offer. Okay, great. With Bruce O'Donnell at Probability Group. Perfect. Go ahead, Rachel, please. Thank you. So good evening, City Council. My name is Rachel Safa and I live at. 3327. Arapahoe Street in Denver. As I mentioned, I am with Federal Realty Group and we are assisting the homeowner with the rebuilding process. So as identified. In the security staff report. Along with planning board unanimous decision, both recommended approval of this rezoning as this application meets the legal criteria. In addition, these request is. Consistent with supported by many of the goals and objectives of Denver's adopted plans, which include Compton, 2040 Blueprint, Denver and the Sunnyside Neighborhood Park. The rezoning is also supported by housing and inclusive. Denver, which is. A citywide five year plan that outlines the housing. Policies, strategies and investment priorities. The plan also for the school is to create and preserve strong and opportunity rich neighborhoods with diverse housing options that are accessible and affordable to all Denver residents. This rezoning will retain the character of low residential places and facilitate compatible infill development. Again, it directly addresses the Google suburbs along largest recommendations excuse me of a diversifying housing choice through the expansion of accessory dwelling units throughout all residential areas. This rezoning fulfills the complex strategy for focusing growth by high and medium capacity transit corridors. This property is located within. Half a mile of Federal Boulevard, which was designated as a health policy towards the corridor. As someone who personally relies on public transit, even throughout these times, I can't emphasize enough how important it is. Ability to transit is access to transit is always in my top three criteria when looking for a place to live. Lastly, the owner and. Applicant engaged with their neighbors and reached out to the community, which has resulted in six letters of support from her immediate neighbors, either on the food locker or across the alley. And as of presently, we. Are unaware of any. Opposition. With that being said, I'll request that City Council vote to approve Council Bill 20 Dash 0965. The. Rezoning for a 4714 French street from U.S., U.S. to U.S. C one. Thank you very much for your time. And I'm available to answer any questions of council housing. Thank you. Next up, we have Bruce O'Donnell. Thank you. Madam President, I am sorry I had to quit earlier. Can you hear me now? Go ahead. Members of council, thank you for your time this evening. And it's interesting that this rezoning request is one week ahead exactly of the legislated rezoning to allow to use two blocks north of this site and to order in. So it's consistent with everything going on in this one. And I asked the council voted to approve the rezoning, and I'm available to any questions, if you have any. Thank you, Bruce. Our last speaker is Brant Westbrook. Hello? Can you hear me? Mm hmm. Go ahead. Good evening, City Council. My name is Brant Westbrook, and my house is located next door to Sally at 4712 Bryant Street. I have been Sally's neighbor for just over ten years and I really appreciate, appreciate having the opportunity to speak in favor of this rezoning request. I will say Sally has been a model neighbor and I've always appreciated that she's asked for my permission or feedback over the years any time she's planned something for her yard near our property line. And not surprising, today's request was no exception. Sally actually caught me in my front yard one day this past spring and she was very excited to share all the design details of her project plan for a new home, which would naturally fall in line with the other houses on the block. Of course, given the size of the property, it made sense for her current dwelling to become an aid to you. Now, in all honesty, I was previously unfamiliar with the term to you, but in researching its concept specific to our city through Blueprint Denver, I believe the benefits of this particular request would greatly outweigh any drawbacks, especially given the current housing shortage and increased financial stressors due to the pandemic. If this will help to serve to increase the value of nearby properties, allow Sally and Greg to remain at this residence and allow for someone else to be able to enjoy Sunnyside at an affordable price. Then I certainly have no issues with it. That being said, I fully support this request and I hope that you vote to change the zoning at 4714 Bryant Street to allow an ADU. Thank you. Thank you. That concludes our speakers tonight. Questions from members of council. All right. So, you know, questions the public here. Councilman Flynn. Again. I couldn't get to the button quickly enough. No worries. Just curious because how the site fits with all of the setback requirements, because the existing buildings are look to be all the way back at the alley. And any idea? Maybe James can answer this or the applicant what the plans are for where to locate the ADU. I think you can present Flynn as James as CPD. I will take a quick stab at this and then hand it over to the applicant. So the current plan is, as I understand it, is for the existing residents to become the A-Team with a new principal structure in the front. In the front. And as long as they meet all the setbacks and size requirements, that is certainly something they are allowed to do. Okay. Does the existing structure meet all of the height and and setback requirements? So based on a cursory look, it appears to at now, obviously a formal site development plan is not required at the rezoning process, and that would be something they would need to be going hand in hand through with our colleagues over at Development Services. But a cursory glance, it looks it appears as if they will be okay. Okay. And unless the aerial imagery is dated, it appears that there are three structures already on the site. What this zone district, with the addition of the ADU, allows a primary, a principal residence, a garage. An accessory dwelling unit and another accessory structure like a shed. Is that the case? I believe that the answer is there can be three structures of though I will need to run to my code real quick to confirm. Okay, maybe the applicant could could address that. Scully to say to. You that I am here. Without either Sally or Bruce O'Donnell. So either one of you. I think Bruce. Probably. Understands that a little bit better than I do if I speak. To him. And will make it sound very, you know. Okay. That's a really huge, long garage. It really is. It really. Is a huge corner. Here. Right. Go ahead and jump in there. Bruce. Yep. Thank you, Councilman Flynn. I think you're correct that the plan is, is that the existing residents become the avenue and then the garage remain in a new home, be built up closer to Bryant Street. That is the primary structure and would become self residents. And of course, all of that would have to go through development, review it to make sure it complies with all of the criteria. Okay. Thank you. I was just reading through the staff report and that's why I was asking, because it seems that the proposed zone with ac1 allows a detached accessory dwelling unit, detached garage, which we have. And then it says other detached accessory structures, which I imagine would be the shed that's right in front of the garage. So. All right. Well, good luck to you. I appreciate that. That's all I have. Madam President, thank you. All right. Thank you, Councilman Flynn. One last call in. The other questions from my colleagues. All right. I'm carrying for Councilor Bill 20 dash 0965 is closed comments by members of council. Councilwoman Sandoval. Thank you, Madam President. So thank you, James. For this staff report. And thank you, Sally and Bruce, for bringing this forward. I will say when I first got this application, we prior to it becoming formalized and I saw that we had a consultant working on an accessory dwelling unit. I will say that I immediately put a call out to all my neighbors and all the people who I represent, saying that we would help them through the process as I'm doing for the neighbors on the other side of I-70, doing more of a legislative rezoning. So with that, I know Sally met with the registered neighborhood organization, which is Sunnyside. I know that they're normally write a letter of support. They weren't meeting very much during the summer due to COVID. So normally this is a very active, registered neighborhood organization and fortunately they were not meeting. So normally they do and they do support accessory dwelling units and it's met all the criteria. And it is a unique situation in northwest Denver where we have these zoned lots and these parcel lots that are longer and have these old dwelling units on the back when people didn't need as much room as they do nowadays. And so Sally will be building her primary house in the front and then turn her house that she's currently been living in into an accessory dwelling unit, which I think is a great resource for our neighborhood and a great way to keep our missing little housing stock in northwest Denver. And to one point to Jesse. I always appreciate hearing public comment. We have monitored how many accessory dwelling units have. Come through. One offs. They're mostly in Sloan's Lake. And unfortunately, we don't have the demographics of who lives in each house. We don't ask that information when I'm when we're doing this type of work. We know the demographics from the census blocks. So I could tell you some of the demographics of each neighborhood. But when people are coming to my office for rezoning or asking for assistance or during the application process, that is not one of the questions that I ask is what type of ethnicity that they are. So unfortunately, I do not know that information, but I did want to address that for one of his questions. And with that, I would ask my colleagues to please support this rezoning. Thank you, Madam President. Thank you. Councilman Sandoval, seen no other hands raised by our colleagues for comments. Madam Secretary, roll call. Sandoval. I swear I saw it. I blacked out. I see the walker. I. Clark. I Flynn. High. Herndon I am. High. I am. Cashman. I commute. I am Ortega. I am Madam President. Hi, Madam Secretary. Please close the voting and announce the results. 3913 Ayes Council Bill 965 has passed. Council members say to Barca, will you please put Council Bill 983 on the floor for passage?