A bill for an ordinance changing the zoning classification for 3705 Shoshone St. & 1945 W. 37th Ave. Rezones property at 3705 Shoshone Street &1945 West 37th Avenue from PUD #181 to U-TU-B, DO-4 (urban, two unit, 4500 sq. ft. minimum lot size, Design Overlay-Side Interior Setback) in Council District 1. The Committee approved filing this bill at its meeting on 8-3-16.
12 eyes. For Final Consideration Council Bill 430 and this public hearing will be postponed to Monday, October 3rd. Councilwoman Gilmore. Will you please put Council Bill 519 on floor? Yes, Mr. President. I move that council bill 509 be placed upon final consideration and do pass. It has. Let's see here. It has been moved and second it. Public hearing for council bill 509 is open. May we have the staff report? Hey, good. Evening. Cortland Pizer with Community Planning Development here to present the proposed rezoning for 3705 Shoshone Street in 1945 West 37th. So this rezoning proposal is in Council District one in the Highland neighborhood. And specifically at the northwest corner of 37th AV and Shoshone Street as shown on the slide here. There are actually two properties here, one single family home fronting Shoshone streets and the other, which appears to be the backyard of that house but is actually a separate parcel with a greenhouse and a carriage house on it. Fronting 37th. The applicant is requesting rezoning to remove the existing old code. PUD. And is requesting to rezone from that pad to YouTube with the DOH for overlay. So YouTube stands for Urban Neighborhood to unit. The B indicates a 4500 square foot minimum lot size. The deal for is the side interior setback design overlay. This is an overlay that's commonly mapped throughout this neighborhood and allows for some flexibility inside yard setbacks when certain conditions are met regarding lot with. The existing zoning for the site. PD 181. Surrounding zoning on three sides matches the district that the applicant is requesting. YouTube with the deal for overlay and there's also another PD across Shoshone Street to the east. So a few words about the existing old code. It was adopted in 1985. Like a lot of PDAs that were created in this era, it was written very narrowly to a specific development proposal. In this case, the development proposal at the time was to maintain use of the single family home fronting Shoshone or allow for it to be converted to a duplex. And then the carriage. House was allowed to have a commercial use. Established, which was a neighborhood bakeshop and that was the reason for the establishment of the pad at the time. The existing land use we already mentioned for the site itself being single, family, residential and then with the green house and now Carriage House, which no longer has the bakeshop located in it. So it's not being used to. The north is the Potenza lodge and it's a rather large parking lot that's directly adjacent to the site and runs up to the lodge that fronts 38th AV to the south and to the west is single family residential into the east is the corporate offices for the Trino Foods. So here's some images to accompany the land use map. So the top two are of the site itself, the one on the left being of the home. And then you can see in the the one at the top right showing what would be. The backyard of the home. But is that separate parcel. That contains the. Carriage house? And what you see in the foreground is a rather large greenhouse. It's also located on the property. To the north is the Potenza Lodge. This is a photo taken from the Lott line looking towards the lodge so you can see the parking lot that serves the lodge dominating that photo. Here's the LA Perino Foods corporate headquarters, the portion of which that's directly adjacent or excuse me, across Shoshone street from the site and then a couple of single family residential uses. So here's one to the south and then one to the west across the alley. In terms of information on notice, we followed our standard procedures for notification notification throughout for each step of the planning process. The Planning Board public hearing was held back in July and planning board recommended approval by a vote of 10 to 0. The registered neighborhood organizations listed at the bottom of the slide were notified throughout the process at all required points and we have received no public comment on this particular application. The five standard review criteria for rezonings apply and we'll go through each of these briefly, starting with plan consistency. The three relevant plans for this application are Comp Plan 2000 Blueprint Denver and the Highland Neighborhood Plan. Can't plan 2000 has three strategies listed here on the slide, more detail provided in the staff report, but the finding was consistency with the strategies that are listed here. Blueprint. Denver Street Classification Recommendations for Shoshone and 37th is undesignated local for both of those streets. And Blueprint. Denver identifies this as an area of stability and the land use recommendation is single-family and part of the definition of single family and blueprint. Listed here in the slide is that single family homes are the predominant residential type. So the predominant type, not the only. Type. The proposed. YouTube. Zoning would allow single family urban. Houses, but it would. Also allow to use duplexes and tandem. Houses. So a little bit. Broader than just the strict interpretation of single family, but that is allowed for in Blueprint Denver. The 2010 comprehensive rezoning is relevant here because a two unit district rather than a single unit district was chosen for this general area. That's because of the historically the zoning was are to throughout this particular neighborhood. And YouTube. Was chosen as an equivalent district. You do find a mix of low to moderate density residential types throughout the area, although single family is the predominant residential. Type. And the Highland Neighborhood Plan does have some recommendations that are a little bit broader than just single family. And those are listed here on this slide. So the site itself shown in the little red box there within sub area 13 of the Highland Neighborhood Plan and the goal stated for sub area 13 by that plan is to improve and stabilize residential areas by preserving existing housing stock and encouraging homeownership. And the land use recommendation is low density residential, which is single family and low to moderate density residential, of which the YouTube district is a good fit. So the finding is that there is consistency with our adopted plans and that the first criteria is met. The slide summarizes the remaining criteria. The uniformity of district regulations is met by virtue. Of the fact that this. Particular proposal would rezone out of an old Code PD and into the Denver zoning code. And furthermore, the requested zoning matches the surrounding neighborhood parcels. It advances the public health, safety and welfare by implementing adopted plans. The justifying circumstances are a changed or changing condition, the most relevant of which being that the bakery has been closed for several years. The PD doesn't allow for it to be the carriage house to be used as anything other than a bakery. And so it no longer serves its purpose. The consistency with neighborhood context, zone district purpose and intent is also met and more details are in the staff report on that. So CPD recommendation is approval based on finding that all. Of the review criteria were met. Thank you. We have one speaker this evening. Zach Slover can come up to the front. You have 3 minutes. Hi. I'm Zach Sloan with generator real estate and owner representative. And it answer any questions. All right. This concludes our speakers call on questions for members of council. Give some time to. All right. Here we go. Public hearing for council five or nine is closed. Councilman Espinosa comments. No, it's just this was this could have been a contentious little bit of property. But it's the right zoned district, isn't it? It's it's endorsed by a endorsement from the community. So I'm happy to support this rezoning. Nice. Councilman, Councilwoman Ortega. Thank you, Mr. President. I just want to share with my colleagues that the property owner came and met with me. Gosh, I want to say about 6 to 8 months ago, because they had an interest in wanting to separate these out. And under the PD, they have always been two separate properties. They have two different addresses and they paid taxes on them separately. But for the purpose of being able to, you know, sell part of the property so that it could be used as income for this elderly couple, they couldn't do they couldn't do that. They had to go through this process to be able to sell it as a separate parcel, even though it's functioned in that way since the PD was adopted. And so I had referred her over to CPD staff, and that's what began this process. So I just wanted to share that background. And I think this is inappropriate. It's unfortunate there was a different way to solve this without having to go through the rezoning, given the background that I just shared with you. But I was around when it was originally proposed as a PD, and for a long period of time the NEUMANNS actually operated that bakery. It was some of the best food in town and people would line up to go sit in that backyard, which was a beautiful backyard with flowers and whatnot, but they just couldn't keep keep the business going. And so I just want to encourage my colleagues to support this. Thank you, Councilwoman, with no other comments. Madam Secretary, roll call. Espinosa. Hi. Flynn I Gilmore by Herndon I Cashman can each new or new Ortega I Susman. Black I Clark. Hi. Mr. President. I Please closer the voting and announce the results.