Application of 70th & Greenwood Ave, LLC to rezone an approximately 12,188 square foot site located at 7009 Greenwood Avenue North from Neighborhood Commercial 2 with a 40 foot height limit (NC2 40) to Neighborhood Commercial 2 with a 55 foot height limit and M Mandatory Housing Affordability suffix (NC2 55 (M)) (Project No. 3023260; Type IV).
Application be granted its condition. Council 119 323 Willing to land use and zoning. The committee recommends the bill pass. Okay. Before I turn the microphone over to Councilman Johnson, I believe we'll have to suspend the rules to consider an amendment to clerk file 314356. That was not distributed before 12 noon today and Councilman John to consider working through that. So unless there's any objection, we're going to suspend the rules. And Councilmember Johnson, you have the floor. Okay. Thank you for that. There's a small technical change, the Councilmember Herbold, to walk through because it's related to her amendment. This is the traditional court filing and countable that we adopt whenever we have a quasi judicial contract reason in front of us. This relates to a project at 709 Greenwood Avenue North. The project would construct a neighborhood commercial 240 foot high limit apartment building that would result in a major payment of about $531,000. Based on the commercial square footage of the proposed building. And under the image, a performance option would require two units. The project is a five story 35 unit apartment building with 6000 square feet of retail, and 60% of those units will be two or more bedrooms. The building will also, I think, use the multi-family tax exemption credit, which will require an additional 20% of those units to be affordable at 60%, 60 to 80% of AM I in addition to their two required image performance units. Great project come out of committee with do pass recommendation. We do have an amendment proposed by Councilmember Herbold. So with the President's permission, I'll now turn the microphone over to her. Perfect. Please do. Thank you. I am in clerk file 314, three, five, six. By substitute teaching version two four version one of the findings, conclusions and decisions of the Council. No second motion. Thank you. The the amendment before you relates to requirements for buffers between zones and there's within the the development site for this particular development there is a both a single family. Parcel and a multi-family parcel. And the appellants had argued that there is required to be a buffer between the two parcels. I originally had proposed a setback to fulfill this requirement, but instead we talked at the committee table about the fact that the here use. Aminah cited the area in the southernmost portion of the Single-Family zone as the open space physical barrier between the two zones that would fulfill the requirements under SC 2330 4008. So what this amendment does is it it basically puts what the hearing examiner identified as the required buffer into the property use and development agreement. The second part of the amendment changes or adds a recital related to the issue of development site. Again, this is two parcels of property that is being considered as a single development site. And one of the issues raised by the appellants is that we don't really have a definition of what a development site is. And so this puts a sort of puts a pin in this issue and establishes a council intent to take up this issue of defining a development site in the future. Very good. Thank you. We just have the amendment right now. We'll vote on the citizen comments on the just the amendment piece. So was it seconded? Did I get a second? I was just been moved in second. And councilmembers Herbert's amendment basically substitute version two for version one. Any other questions on that? All those in favor of the amendment. Please vote. I oppose. The ayes have it. Is there anything more to say about the clerk file? I'd move adoption. Already. Okay. So those in favor of granting the application as amended and conditioned vote i. I. Those opposed vote no. The motion carries the applications granted as condition and Chair was signed the findings, decision and conclusion of the City Council. The next agenda item is 14. Councilmember Johnson and our clerk already read this into the record, but it does require motion. So like I usually do, I'll move to amend Council Bill 119323 Exhibit C by substitute executed property use and development agreement for the on executed property is in development group. Then moved in second to make the amendment as described by Councilmember Johnson. All those in favor of that amendment vote i. I opposed. The ayes have it. Anything further say Katherine Johnson? No, sir. Okay. Please call the role on the passes. Councilmember Herbold has will amend council bill 119323 as well by adding six new recitals after the bill title. Six new recitals. Yeah. That's how I look to my colleague to see that she wants to read for that moment. I am. I'm at a loss. What of the six new recitals? Oh, are these. These are the new recitals that Kittle sent out this morning, which is why. I am. Asking this. To suspend the rules. So, yes, I will move to amend Council Bill 11 9323 to include recitals affirming the hearing examiners recommendation, reciting that the contract rezoning approval has no precedential effect and establishes that the council's intent to take a policy issues related to designation of Delta development sites. And is there a second? Second and just be clear, I did suspend the rules on this to allow that it wasn't needed. It was not needed. Okay. We have the amendment here with the six recitals. All those in favor of the amendment. Please vote I. I opposed. The ayes have it. That is amended. So I still have nothing to add. Okay, so I wasn't in there. So I think we're ready to call for the please call the rule on the passage of the amended bill. I just get it. I O'Brien Gonzalez I Herbold I President Harrell. I aid in favor and oppose. The bill passed in the Senate. I believe that takes us through all of our agenda items for the afternoon. Is there any further business cover for the council? Okay. Notwithstanding Jane and everyone, have a great rest of the day.