A bill for an ordinance changing the zoning classification of 30-50 South Colorado Boulevard in Hilltop. Approves an official map amendment to rezone property located at 30-50 South Colorado Boulevard from E-SU-D to PUD G-17 (urban edge to planned unit development) in Council District 5. The Committee approved filing this bill at its meeting on 1-30-18.
Please refrain from profane and obscene speech. Direct your comments to council as a whole and refrain from individual or personal attacks. Councilwoman, can each where you please put Council Bill 94 on the floor. Yes, I move that council build 18 dash 0094 be placed upon final consideration and do pass. All right, it has. Give me a second. Yes, it has been moved and seconded. The public hearing for Council 94 is open. May we have the staff report? Teresa Lucero. Good evening. As well as a walk by. With community planning and development. This is a map amendment located at 3350 South Colorado Boulevard. The request is to rezone from urban edge single unit D to AP D. The PWD is based on the G RH three zone district. This property is located in Council District five in the Hilltop neighborhood. Property is about over. Just a little over an acre. 45,900 square feet. It is a vacant church. I think if this property might be familiar to a lot of people. Again, the request is to rezone from urban edge single unit to poverty g 17 in order to redevelop the property. So existing zoning surrounding on the north and east is ESU. D on the south is always a burns park to the West. RH three and Pudi in the Cherry Creek neighborhood. So again, the subject property is a vacant church to the north is a vacant property to the south. A city park. To the east. Single family residential. To the west. Single unit and multi-unit. Residential. And some commercial. This gives you an idea of the property and its location. The other thing that the property is subject to is a view plane from Cranmer Park, and that would allow buildings up to about 100 feet tall, which doesn't affect the property as with the proposed development redevelopment. So this gives you an idea of the building form and scale in the area lower density, single family homes to the east and across the boulevard, a commercial structure that's just one story tall. The park and the vacant property park to the south, a vacant property to the north, and the church itself, which is about two stories . So, again, this is based on the grade three zoned district, and it is a multi-unit zoned district. That's a pretty much a low scale, low intensity zoned district and mainly residential. So as far as the public process, initial notification of a complete application went out in August of last year and we did have a planning board hearing on January 17th of this year where unanimously they recommended approval. And then we were at Ludie on January 30th where the committee recommended that we move on to the floor of council. So here we are for our public hearing and the proper notification has been made for this hearing. So the registered neighborhood organizations Cherry Creek, East Cranmer Park, Hilltop, Hilltop Heritage, Denver Association of Neighbors and I.N.S.. And we have a letter of support from the Cranmer Park Hilltop Organization and no other letters. So you know our criteria, so I won't read them. There are additional criteria when we are approving, approved. Those are consistency with the beauty, purpose and intent and consistency with the beauty district. Standards and criteria develop that the development is not feasible and enter any other zone district that the development establishes. Permitted use is compatible with adjacent properties and land uses and that the building forms are compatible. So the plans that apply our current plan 2000 Blueprint, Denver and the Boulevard Plan, which is a quite old plan, but it still applies. So plan 2000 staff believes that this conforms with and promoting infill development at sites where services and infrastructure are already in place, encouraging quality infill development consistent with the character of the surrounding neighborhood and where increased density and amenities can be can be accomplished, and identifying areas where increased density and new uses are desirable and can be accommodated and preserving and moderate modernizing our housing stock. So a blueprint. Denver The property is within an area of change. It is single family duplex, which is moderate density, primarily residential. The building forms allowed our single family duplex townhome and small apartments street classifications. Colorado Boulevard is a mixed use arterial and enhanced transit corridor to dale is a residential arterial bayard avenue and designated local. The Boulevard plan again is quite old. It was really written mostly for the commercial uses on Colorado Boulevard but does speak to development on the boulevard. They do talk about no wholesale increase in development but then later on speaks to specific sites might be okay for a development. So it somewhat contradicts itself and basically says it seeks to retain the diversity of the land uses on the corridor on in basing our PD on a standard zoned district, we believe that we are furthering the uniformity of district regulations by sticking with the standards that are consistent with our code, because we're using those code standards and varying just a few things in the PD, and that by implementing our plans and allowing reinvestment in a rundown site, we believe that we're furthering the public health, safety and welfare change or changing conditions. The property itself has been deteriorating for years. Properties on Colorado Boulevard don't address the Boulevard anymore. They turn their back on the boulevard. And we're seeing a lot of change in the Cherry Creek East Area. So staff believes that there are a lot of changed conditions in the area and that this is an appropriate justifying circumstance. And then we talked a little bit about the grade three being that moderately scaled. Standards that that are consistent with the and with the adjacent properties. So we believe that it is consistent with the both the context, sorry, the context and the adjacent single unit standards for height and density. So the additional criteria for PUDs that this site be unique and extraordinary. There is compromised access to this property because of the location on two major arterials and one substandard local street with a private alley in the back. It is very challenging to take access to this property and with the just location between a low density residential neighborhood and a very major arterial in the city, we think that is also a unique and extraordinary circumstance and the public benefit will be some of the things that we are writing into the property. No garden court building form. The entry feature requirement will apply to the only the structures in the on the street. And as long as those structures conform to the entry feature requirement, the rear structures will not have to apply. And it is, as I said before, are compatible in building form and scale. In the low intensity residential uses. There will be a restoration of the parkway with some landscaping and actual sidewalks that are suitable for people to walk on on Colorado Boulevard, which is kind of unheard of in this portion of Colorado Boulevard, and it does conform with our objectives and our plans. So we do think that this property is consistent with the standards and criteria with those changes precluding the garden court, allowing the entry feature requirement to be exempted from those buildings behind and allowing allowing multiple duplexes on the zone lot. Those are unique things to this property that are not available in other any other zoned district. And it is, as I said before, compatible in density and height with the adjacent properties. And so staff believes that the additional criteria are met as well. And with that, staff recommends approval. All right. Thank you, Miss Lucero. We have three speakers this evening. I'm going to call them to the front here. And please give us a little room for these speakers to sit down. Douglas macKinnon. Tom Hart. And Wendy Rehak. Please come to the front. Douglas macKinnon, you were first. Good evening, Councilman. Good evening, counsel. My name is Doug McKinnon. Address 730 17th Street, Suite 220 here in Denver, where we were last before this body, on this property. It was about 20 months ago to the day. So we left that evening with a very clear message from all of you. And that was to reach out to the neighborhood and see if we could find agreement. We worked first. We absorbed our our concept thought through what was appropriate in the neighborhood and then began an outreach process. And over the last 20 months, with significant involvement from many community volunteers, which which really should be respected, the the the effort that Hilltop has shown in committing to a dialog with us has not gone unnoticed. And from our partners and myself, we really feel like this is the way logical, reasonable new development can happen in challenging situations. So what we have tonight is a request for a new rezoning. That rezoning reflects the neighborhood agreement that we've reached. That neighborhood agreement has been committed in a covenant that runs with the land. That covenant runs in perpetuity. So as a good faith gesture on our side, we made an agreement with the neighborhood. And it's the neighborhood's request that we actually put those words in writing in a very meaningful way. We've done that in terms of a covenant on the property. The main points which both Tom and Wendy can speak to is an agreement on the total density on the site to no more than 22 units. We waive the garden court form, which was a troublesome shape for many people. So we've we've held two only duplex townhomes, rowhouses or single family homes. We have a concept plan that has 11 buildings. Each of them are duplexes. So 22 units in total. We've limited the heights on the property to no more than 35 feet, which is exactly the height that exists in existing zoning around the neighborhood. We have limited any access off Colorado Boulevard to provide for a safer environment, which would reduce sound transmission into the neighborhood. We've agreed on the private alley to expand and improve the private alley between the properties on arc on our Nicole to make sure that that works in perpetuity. So we have a project that we are very happy to begin to commence with your approval. I think the neighbors also feel satisfied and feel vindicated in their approach and input to us. And we look we request your approval tonight. Thank you, Mr. McKinnon. All right, Tom Hart, you're up. Good evening. My name is Tom Harkin live at 4530 Cedar Avenue. I am the zoning committee chair for the Park Hilltop Civic Association. And we're here. We were here almost two years ago and we opposed the rezoning. Since then, it's not mentioned. They came to us with a plan that we agree with. It provides for 11 duplex units and we've negotiated the covenants and we're here to support this rezoning. Thank you, Mr. Hart. Wendy Rehak. Hi, Wendy Rehak. I live at 666 Birch Street, and I am the president of the Cranmer Park Hilltop Civic Association here on behalf of the association to speak in support of the zoning, the rezoning application. Excuse me. After working with the property owner and neighbors near this proposed development and within the community, within the Association, we are supportive of revising the zoning based on the current concept submitted and an agreement to a set of points within the restrictive covenant negotiated between our association and the property owner. Developer. Thank you. Thank you, Ms.. Rehak. All right. This concludes our speakers. Any questions from members of council? All right. Seeing no questions. This public hearing is now closed. 95 is closed. Comments by members of Council. Dr. Sussman. Um. Thank you very much, Mr. President. Thank you all for being here. Do. Your speaker's not on. Yeah. For this. Just I just want to thank everybody that showed up tonight. I want to thank the developer for listening to the neighborhood, for going back to the neighborhood, for taking all the things in consideration. And I want to thank the neighborhood folks here who really worked hard on this to try to get something that everybody felt comfortable with. And I know it was not easy. 20 months, my goodness gracious. And thanks to Teresa for the work that she's done with both groups, sort of going back and forth. You'll recall that one of the reasons that I asked you all to not support this last time was because of the very strange character of this particular corner, the Bayard Street. That's not quite a street that leads Stale Street that comes screaming excuse me, screaming down to Colorado Boulevard. And the funny kind of turns there, the access on Ellsworth to the alley. It was a very kind of unsettling kind of arrangement. And I know we don't often do parties. And of course, when that one came through, I called up Theresa right away and go, What are we doing with the party? And certainly, as she explained, much of that, of the uniqueness of the property has to do with its access and its egress and ingress. And where where do you how do you position the buildings? And and so happy that they found that planning found a solution for that to a party that really, you know, after getting the egress and ingress established, it really mimics what the what's happening in the neighborhood behind it. Do you have the same kind of height? You have single family homes, not detached, but attached, and they're not slot homes. I know that I have council council friends who would be happy to hear that because they were making these decisions as that was going through. So I do want to thank everybody for your hard work and for your coming together and making such a good plan. That church was in and is in terrible shape. But it certainly is an example of lots of places in Denver that have churches on corners, on busy corners like this. And I know that blueprint Denver is addressing this situation. We recently found that there were about 60 churches in town that have or have been for sale or were sold. It's a it's a phenomenon of church attendance is declining. And so we do need to think about this, not just for this neighborhood, but for others. The fact that we are. Putting back sidewalks, even though it's a small space on Colorado Boulevard and that we have houses that will face Colorado Boulevard. I don't know if people know this, but Colorado Boulevard actually is a parkway that has setback requirements and all kinds of things like require detached sidewalks and tree lines. But as the years have gone by, the city has sort of let folks take back the right away and put fences, very high fences. I don't know how we're going to be able to fix that, too. So would you look into how we can fix it so that we can begin to have some sort of walkable street? I mean, when they say enhanced transit corridor, I need to ask you what's enhanced about it? Colorado Boulevard is our if you live it around where I live, we don't go there kind of like Quebec. You don't, you know, don't go there. You try and find other ways around. So really, I'm pleased with the way this has turned out and I urge all my council members to please vote yes on this rezoning. Thank you, Dr. Sussman. Councilman Espinosa? Yeah, I. I actually chimed in. Too late for a question, because I. But I hope it didn't take the full 20 months to negotiate these terms, or it shows you how far off we were the last time it came for us. You know, I. I just the. The only thing I wanted to say is that these churches and hopefully Blueprint Denver goes there and hopefully count this council. I mean, I think we've done a good job thus far to sort of recognize and working with CPD that there are unique opportunities and sort of anomalies and wherever they sort of exist because they're usually under zoned for the scale of the, of the, of the structures that are there. But. But without rambling too much. This one is a situation where. You could, you know, the growth. Well, when we try to say the growth problems in Denver right now are in part due to sort of very generous zoning that we've done citywide and very generous base zoning. And part of the conversation with Blueprint Denver is to sort of say, okay, what do we how do we how do we support growth and change it, but do it in a sort of more thoughtful manner? And what sort of recommendations will come about from that that sort of take what we've done, which is a very good step in form based zoning and and and layer on to it other sorts of conditions and constraints and considerations as we go forward, when unfortunately for a long period of time we have done a lot of rezonings to that very base zoning that is of concern. And this represented one situation where it was it didn't comport with underlying plans on unit densities, which we don't address specifically, and conditions, physical conditions that need to be considered. And and yes, they can be considered in the development process, but they also it doesn't mean that every zoned district will by itself automatically address those considerations. And and it is important that we be able to recognize that in real time. I think all the things, Mr. McKinnon, that you brought up that are being addressed are important, crucial, fundamental pieces that we don't know what you're going to build. You have a lot of latitude even now. But it gets to the the the very important aspects that were missing that are important to address the full gamut of the criteria. And and so that's why I'm very comfortable moving forward, because you do address those things, not just because the community wants it, because I've got a lot of communities that want things and want considerations made in. But the zoning largely captures those things, but not every time and not in every situation. And and so thank you for for doing that. Thank you, CPD, for recognizing that we do have the tool and the mechanism where we can steer developers into that situation to address the uniqueness of a particular area. I know we love to have plan uniformity and in create you know just going map to condition mean districts that we already have but there are situations where there are plausible redevelopment schemes that aren't part of our base zoning that can be captured. But where our base zoning doesn't it doesn't necessarily capture all the conditions that need to be addressed. And that's where these ads and dpu ads and waivers and conditions really play an important role to sort of address those things to the degree they can. So I'm sorry it took so long to get here. Sorry that I rambled, but these are important things that I've articulated many times from this dais, particularly because I'm in an area that's largely been impacted by slot homes. And and that was you know, that wasn't a condition here. But there you know, it is important that we get back to this idea that, you know, communities and developers can collaborate and create really wonderful outcomes with just a little bit of conversation and capturing those ideas in a way that respect both ideas, because that's what we're trying to do when we're city building, is being mindful of what we've done and where we're going. And and there are a lot of solutions that there's a lot of capacity for compromise in there. And so thank you for structuring this enduring. And I'm looking forward to whatever comes about here. Thank you. All right. Seeing no other comments. Thank you, guys. For everyone's hard work community coming together. I do remember 20 months ago it was a very tense conversation, but it's beautiful when this kind of outcome comes together. So thank you for all involved. Congratulations, Madam Secretary. Raquel Sussman. Clark Espinosa. Flynn. AI Gilmore. Herndon. Cashman. Canete. Lopez. All right, new Ortega. Mr. President. I please close the voting results concerns. Making sure. 12 eyes. All right, 12 eyes. 94 has passed. Congratulations. Okay. Um, Councilwoman Kinch, will you please put 129 on the floor?