A bill for an ordinance changing the zoning classification of 3740-3850 York Street in the Clayton neighborhood. Approves an official map amendment to rezone property from U-MX-3 and B-2 with waivers and conditions to PUD-G #20 (urban, mixed-use to planned development), located at 3740-3850 York Street in Council District 9. The Committee approved filing this item at its meeting on 10-2-18.
On the wall you will see your time counting down. Speakers must stay on the topic of the hearing and must direct their comments to the council members. Please refrain from profane or obscene speech. Direct your comments to council as a whole and please refrain from personal or individual attacks. Councilwoman Black, will you please put Council Bill 996 on the floor? Yes, I will. Mr. President, I move that council bill 18 dash 0996 be placed upon final consideration and do pass. It has been moved and seconded. The public hearing of Council Bill 19 nine six is open. May we have the staff report? Good evening. I'm Sarah White with Community Planning and development here to present the proposed rezoning at 3742 3850 York Street. The rezoning is proposed from B2 with waivers and a condition to a puti g number 21 in Council District nine in the northwest portion of the Clayton neighborhood. Like I said, the request is to rezone from the old code B to with waivers and conditions. And also a part is currently zoned you a max three to a planned unit development number 20. The PD is proposed to be based on IMX three and UM x three to facilitate the re-use of existing character buildings and future additional development with a requirement to provide public amenities, including open space. The existing zoning. As I said, the majority of the site is currently zoned B two with waivers and a condition which is in the old code. The condition on the site is related to a recorded plat map that is basically means you can't change anything on the site without rezoning out of this condition. And then a small portion to the south is currently zoned you a max. Three as you can see to the north of the site is generally industrial zoning. And as you move further south, you move into the lower density USA zoning of the neighborhoods. And the existing land use in the area pretty much follows that zoning pattern. Industrial uses to the north and residential uses to the south. You can see here some photos that are existing. These are all of the site as you move from north to south. And then these are some photos of the existing contact surrounding. So this is directly across York from the Coca-Cola plant. There's also some vacant, lower scale multi-unit to the southwest. And then the bottom photo is an example of some of the lower scale residential character to the south. So as you know, the purpose of Pewds is custom zoning and it's to provide an alternative set of regulations in unique and extraordinary circumstances. It's more flexible zoning than what would be achieved in a standard zone district that without multiple variances, waivers and conditions wouldn't be feasible. The proposed feud addresses several unique circumstances, including location adjacent to a major city infrastructure project, which is the new 39th Avenue Right of way, and 39th Avenue Greenway, as well as unique structures that would be difficult to repurpose without customization due to their location on the site and the fact that additional development would not be feasible because the existing buildings do not meet the build two that would be required under a standard new code zone district. So the proposed PD is split up into two sub areas. Siberia is the northern portion and the base zoning is IMX three. The deviations that would be included in Saberi a would be flexibility in the phase development reserve area. So this kind of helps us get around those build to issues with the existing structures. It would also require 1500 square feet of publicly accessible open space at the northwest portion of the site to basically serve as a public gateway into the new 39th Avenue Greenway project. And it would allow some flexibility in the build to to be measured from that proposed open space. Some Area B, which is the southern portion of the proposed PWD, would be based on your max three and the flexibility there. We would require higher amounts of transparency regardless of what building form is to be used. So this is one of an example of a public benefit that we get in exchange for the flexibility of a beauty. Again, flexibility in the Phase Development Reserve area to allow development on the site without requiring the existing structures to meet any build to requirements for additional amenities in the parking lot screening. So basically making a better pedestrian environment along the York street frontage and also flexibility in the demolition of compliant structures. Planning Board saw this at their September 9th meeting, and there was a unanimous recommendation of approval. You will see in your packet several letters of support. We have 15 letters of support from individuals, a letter of support from the Clayton R.A., a letter of support from Mile High Ministries, which owns and is planning redevelopment of the large multi-unit across York. A statement of support from the École R.A.. Another letter of support from nearby International Academy School. And a letter of support from the neighboring property owner to the east. Moving into the review criteria in terms of consistency with adopted plans, we have three plans to consider here. We have our two citywide plans, comprehensive plan 2000 and Blueprint Denver, as well as the O'Leary and Swansea Neighborhood Plan, which covers a portion of the site. The rezoning is generally consistent with several strategies in the comprehensive plan related to infill development and identifying focal points in the neighborhood. Further information on that is in your staff report looking to blueprint Denver so you can see the site here outlined in yellow. The majority of the site is designated as a mixed use area of change and a small portion to the south is considered a single family residential area of stability. The base zoning of the pudi of IMAX three and are max three is generally consistent with the goals of mixed use areas of change to promote a mix of uses. Additionally, Blueprint identifies that in some cases it may be appropriate to change the zoning in an area to create a better match between existing land uses and zoning . So this is applicable to the portion that is designated as single family residential in blueprint. However, that portion of the site has historically been commercial and has not had residential in it in any recent time. So that is better aligning the zoning with the historical use of the site. Blueprint. Denver also gives us guidance for the use of custom zoning and pwds. As you know, previously, parties were used for a lot of different situations and very specific and blueprint when we updated it in 2000 to give guidance to limit the use of PDS to special circumstances and to make them more standardized, which we have done in our paddy practice. And as I said, this is addressing several unique and extraordinary circumstances. So the request is consistent with Blueprint Denver, both its land use recommendations and the use of customized zoning. The earlier in Swansea a plan you can see here. The site is generally outlined in the box in red, so it only covers a portion of the site. But the portion that it does cover designates again as mixed use, which has a sizable employment base as well as a variety of mid to high density housing options. The plan also has maximum height recommendations and for the site it is a recommendation of a three storey maximum height, which the beauty is consistent with. The request will result in the uniform application of his own district within the party. It also furthers the public health, safety and welfare through the adoption and implementation of adopted plans, and also through the provision of additional open space for the neighborhoods. The justifying circumstance identified is since the date of the approval of the existing zone district, there's been a change to such a degree that the proposed rezoning is in the public interest. The identified changes here one are the adoption of the new code. So as you saw earlier, the majority of the site is still zoned in the old code. So that is a justification for the rezoning as well as additional development in the area and then consistency with neighborhood context and zone district purpose and intent. I'm going to move into the next set of criteria which talk about PDS specifically and how the request is meeting the intent and purpose of the Pudi zoning. So we have an additional set of review criteria on top of the standard five rezoning criteria for PWDS. The first criteria is that the Pudi District is consistent with the intent and purpose of such districts, as stated in Article nine Division 9.6 of the zoning code. So basically what that intent statement for PWDS is that you need to have unique and extraordinary circumstances where more flexible zoning than what is achieved through a standard zoned district is desirable, and multiple variances and waivers can be avoided. It's not intended solely as a vehicle to develop a site inconsistent with the applicable neighborhood context or to enhance economic feasibility and also must have significant public benefit. So as I've basically covered throughout this presentation, the unique and extraordinary circumstances that are identified is the adjacency to the major city investment of the new 39th Avenue right of way in Greenway, as well as the desire for the reuse of the structures but difficulty doing additional development on the site when those structures would not meet build to requirements of a standard zoned district. It is not intended solely as a vehicle to develop a site inconsistent with the neighborhood context. So the Pudi is consistent with the surrounding industrial and urban neighborhood context as seen through the split of the sub areas and the significant public benefit as I've covered the privately owned but public accessible open space requirement as a gateway to the new 39th Avenue development, as well as a higher standard of street level activation through transparency and additional requirements for parking lot screening with amenities to enhance pedestrian character around York Street are all contributing to the required significant public benefit. The remainder of the Pudi review criteria are outlined in your zoning code, but we do find that the request is generally consistent with those. So given that the request is consistent with all five standard rezoning criteria as well as the Pudi specific rezoning criteria, Steph does recommend approval. Thanks. Thank you very much. We have four individuals signed up to speak this evening. So if you're one of those four individuals, I would ask you to please come to the front bench. When I call your name, your time will start elapsing. So step right up and go ahead and get started. First up, we have Fred Glick. Hi. Good evening. President Clark, members of city council. My name is Fred Glick. I reside at 1190 Olive Street in Denver, and I am the owner of 3850 York. One of the owners of 3840 York and representing all three ownerships ownership groups here today. Also with me is Craig Burleson, who is the CEO of Inner City Health Center. Should you have any questions specific to their properties? Staff has presented a very thorough report for which we're most appreciative. This is a complicated property, and the proposal before you tonight was developed following what I understand to be a lot more meetings than is typical for a rezoning. Staff worked very hard with us to examine possible conforming zoned districts. But the unique circumstances of the site and especially the siting of the existing buildings and the various easements running through the site meant that there was simply not a conforming district which worked. There are three owners here on the south. We have Inner City Health Center, a nonprofit health care provider, and they're hoping to expand their footprint following the rezoning to serve more members of our community. At 3840 York, my partners and I will continue to house community serving nonprofits and businesses, including the GSA Coalition, Working Families, Community Wealth Building and landed and 3850 York will become my family's home. And with this rezoning, we plan to replace the 19 space parking lot in front with some greenery. We've engaged, as you saw with the Arnaud's from the beginning. In fact, we met with the R.A. leadership before we even engaged with the city. We've engaged, as you heard, with our immediate neighbors and obtained letters of support from them. And there is, to my knowledge, no opposition to this. We believe that the proposed map amendment serves the site well, serves the surrounding community well and respectfully. Ask for your approval tonight. I'm available to answer any questions that you may have, and we thank you for your consideration this evening. Thank you. Next up, Craig Brosnan. Thank you. Council President Clark and the council. And thank you, Mr. Glueck. As he mentioned, I am Craig Burleson, the chief executive officer and director of Inner City Health Center. I am honored to stand before the council again. The last time I was here was 2007. At that time, Inner City Health Center was asking for permission to purchase the properties at 3800 York Street. We had existed in five points for 25 years and outgrew that site, and we're looking for a larger location where we can further expand the services that we provide. As I mentioned, we are a safety net clinic. We provide primary health care, serve over 20,000 patient visits a year and continue to grow. And so that's what brings us here today. As part of this effort to rezone that property, it allows us to expand our facility by another 5000 square feet of space and serve 5 to 6000 additional patients in the next 2 to 3 years. And so, again, we ask for your permission. We think we have proven worthy of the council's trust as a community benefits organization. When we first acquired that site, it needed your permission. And I think we've proven that we've served well in that of that purpose, and we ask that you support us again as we further endeavor to not only serve more patients, but serve as a valuable and much sought out training sites for health professions and as an employer with a growing workforce. Thank you so much again for your support. Thank you. Next up, Jesse Pearce. Good evening. Members of Council. Council President Clark. Other members of the council. My name is Jesse Paris. I'm an at large candidate for office. In 2019, I resigned at 2842. Josephine Street and I'm here representing for Denver. Homeless out loud. Black Star Action Movement for Self-defense. And Community Action for Commitment for Change. We are in approval of this, as has already been stated. Mr. Gergen has gone through the proper steps to get this order, this zoning change. He's consulted the community. The community is in support of it. A lot of these nonprofits, such as working families I work with as well. These are assets to the community. And yes, I would advise that council approve this tonight. Thank you. Thank you. Next up, David River. David Roybal 742 West and I am a candidate for District three 2019, also represent West Denver United and Positive Action Commitment for Change. I grew up in this area for a long time. Pass it every day I work in Swansea so it's good to see a project that will bring life and enhance and also say there's a good bus line in the human service right there and it's right in the middle of Swansea and Rhino. I didn't see no support for Rhino, but rock drill is called Rhino. That's like four blocks away. So hopefully Rhino just stays on that side. And then you see we have somebody from Rhino running for mayor. It's like but you know, as coalition has done, it's got a lot of good work and and, you know, it's for this building to be used for non-profits and and, you know, things to enhance the community. I hope you support it. And I hope this the community keeps serving the community well. Thank you. That concludes our speakers. Are there any questions from members of Council Councilman Espinosa. Yeah, they are. Don't don't freak out with my questions. But I do have questions for Sara. The. The. I find it curious that the Illyria plan has a three story recommendation here. Because the industrial land to the essentially across York is a 75 foot height limit. The land to the north of is 75 foot height limit. Was there conversation in the planning process or any indication that there was there was any sort of, you know, transition to get to those heights? Honestly, I wasn't a part of the 2015 planning process on this plan, so I can't really speak to the intent. It does talk in intent language about transitioning to the residential neighborhoods, but generally this whole area has a recommended three storey maximum height so that the existing industrial zoning is FAA based and would allow heights greater than that. But the plan recommends three. So. But is there any talk about maybe a sort of overlay or something to the impacts? I mean, the idea zoned districts to the. We haven't talked about it. The three stories was sufficient for this request. So we didn't have the conversation about. How far. We from the 38th and like station. I don't know. Off the top of my head. See that's obvious on any of the. It's pretty far. Do you know, Fred. We are almost exactly. If you could come up to the microphone to answer that, be great. Thanks. We're almost exactly halfway between 38th and Blake and 40th in Colorado. I think it might be approximately a mile a little bit shorter once the 39th Avenue Greenway goes in, which will provide direct access. But we're outside the Todd area, as it were. Yeah. So, so. Yeah. I guess the rest of mine is comment. So thanks. Thank you. All right. That was all your questions. Just been asking questions. Yeah. All right. So no other questions. The public hearing for counsel, Bill 996 is closed. Comments by members of council. Jasmine Espinosa. So you're just going to hear me do a little thinking out loud? You know, I appreciate the customized zoning that you're approaching and that you're bringing forward, obviously, is a sort of building hugger. I like the fact that accommodates essentially what you have, the existing fabric, the embodied energy that is on the site and what have you . And it's sort of I wish you weren't running into friction on your sort of progressive and creative stormwater ideas like I wish we could grant latitude right now. That said, I am sort of perplexed that that is sort of the timing and the the coordination of, you know, this 300, $300 million investment in the channel, the proximity to two light rail stations, and that infrastructure, why we ended up with a plan that didn't capture essentially density as we got closer and closer, further and further north, you know, in this location and sort of that wider stretch. So it is so I just asked those questions. This is, you know, a great zoning. I'll be in full support of it. But there is some other curiosities here that I a I'm going to grapple with if there were any subsequent rezonings. Thank you. Thank you, Councilman Espinosa. Councilwoman Ortega. Thank you, Mr. President. I'm very familiar with this area. I had the opportunity to go over to inner city and do a tour several months ago and. You know, to see the the breadth and depth of the work that is done by inner city and the need and the demand for the services. I can see where you all are kind of bulging at the seams. I know one of your neighbors just to the north, Clinica Teppanyaki, is also looking at doing an expansion because their services are also equally as utilized by by the community. We had an opportunity Friday night to talk some time ago about the project before it was filed and learned about the the components of what this rezoning will entail. And, you know, this this site sat vacant for a very long time after the city moved the library out of there. We had some other city agencies that were housed on this property. And to see the effort to revitalize it and bring more life to that area is really important. So I'm going to be supporting this tonight and just want to thank all the community folks who worked with you guys to, you know, bring this project forward. It's not always easy to do a rezoning in in neighborhoods, and it involves having to reach out to lots of different groups. And in this area there were quite a few. So I just want to thank you for your efforts in doing that, and I think this will be a great addition to that. Specific corner that has kind of floundered for quite some time. So thank you, Mr. President. Thank you, Councilman Ortega Singh on else for comments, I'll just add thank you to staff. Thank you for everyone who came to speak. I think this clearly meets the legal criteria for a rezoning. And I will be voting yes this evening. Madam Secretary, roll call. All right. Black Eye. Espinosa. Flynn. CASHMAN All right. LOPEZ All right. New ORTEGA Hi, Mr. President. I am secretary. Please go. The voting announced results. 7878. Council Bill 996 has passed. City Council Sitting ex-officio ex-officio as the board of directors for the Fort Denver 14th Street General Improvement District, Reno, Denver General Improvement District and Gateway Village General Improvement District will hold public hearings on Monday, November 19th, related to the 2018 work plans and budgets for each district.