A bill for an ordinance changing the zoning classification for 1450 South Humboldt Street in Washington Park. Approves a map amendment to rezone property from U-SU-C to U-SU-C1 (allows for an accessory dwelling unit), located at 1450 South Humboldt Street in Council District 6. The Committee approved filing this item at its meeting on 3-23-21.
Speakers must stay on the topic of the hearing and must direct their comments to the council members as a whole. Please refrain from profane or obscene speech and please refrain from individual or personal attacks. Councilmember Clark, will you please put Council Bill 309 on the floor for final passage? Yes. Council President I move the council bill 309 to be placed upon final consideration and do pass. Thank you. It has been moved. We've got a second by Councilmember Hines. The required public hearing for Council Bill 309 is open. And before we get your staff report, Fran, I was just told that apparently the presentation isn't loaded into our system. And so I have asked our. Staff or legislative staff to send it out to all council members. And so you should be receiving that in your inbox here momentarily. But in the meantime, Fran will go ahead go ahead and have you share the presentation. Here via your screen. And you see there, is that working? Yeah. We've got it. Good afternoon, Member City Council, Madam President, and from beneficial associate city planner with Planning Services. And I'm here today. To present an overview of the Map Amendment four 1450 South Humboldt Street and also in some technical issues. That's probably why Sex and the Road. But it's all good now. See. One. Subject property is located in the in District six with Councilman Paul Cashman. In the Washington Park neighborhood. The property owner is proposing to rezone to a district that allows for accessory dwelling units. If approved, all other forms and standards would remain the same. The property is currently in the Urban Single Unit C Stone District, which allows for a minimum stone load of 5500 square feet. And it is completely surrounded by other properties that are also shown us, you see. The site is currently occupied by a single unit home and it is completely surrounded by other single unit uses as well as a public quasi public use, including a school one block to the west. Here. I'm going to back up a little bit and give you some background information. In 2013, the applicant hired contractor to build an accessory dwelling unit in the back of the property. When she tried to permit the structure to allow for the accessory dwelling use, accessory dwelling unit use, she realized that her USAC district didn't allow for the touch accessory dwelling units. She then tried to get a variance that denied, but the adjustments allowed her to keep the area for three years. After that, in 2016, she went ahead and removed the gas stove, plumbing and closets to be able to pair with the EU as an accessory structure without the EU use. So now the applicant is looking again at being able to have the access we use and that's why she's looking at rezoning. So now she's gone from asking if she can resign from us. You seem to you, as you see one, to be able to allow for the accessory dwelling unit use in the existing structure. And I'm expanding on these because we received a letter from an R.A. So I just wanted to explain where that letter came from. This slide shows the existing area with the site of the proposed rezoning on the top, left and right and bottom left. Some images to show the residential character of the neighborhood. Now, speaking of the process, information on notice of the application was sent on December 17, 2020. Planning Board recommended approval on March 17 and if present one letter of opposition has been received from the Washington Park East Neighborhood Association. The main reason for the opposition is because the applicant got denied a variance back in 2060. The owner is not aware that in 2019 the applicant permitted the access restricted without the use. As you will know, the Denver zoning code has five review criteria, the first one being consistency with adopted plans. There are two plans applicable to this rezoning. The first one is comprehensive plan 2040. The second one is Blueprint Denver. The rezoning is consistent with several of this tragedies and comprehensive plan 2040. For example, this MAP amendment will promote equity by creating a greater mix of housing options in every neighborhood, and it will lead to an environmentally resilient Denver by promoting infill development where infrastructure and services already in place. Now looking at Denver, the subject property is mapped as part of the urban neighborhood context. The future places map designates the subject property as low residential place type. This place type have predominantly single and two unit uses and accessory dwelling units are appropriate on both. Street is designated as local streets street, which is mostly characterized by residential uses. The growth area in Denver is all other areas of the city. These areas are anticipated to see a 10% employment growth and 20% housing growth by 2040. Blueprint also includes specific policy recommendations. Housing Policy four focuses on diversifying housing choice through the expansion of accessory dwelling units throughout all residential areas. Staff also finds that the requested sorting meets the next two criteria. The rezoning will result in uniformity of district relations and will further the public health, safety and welfare primarily through the implement the implementation of adopted plans. The justifying circumstance for the rezoning is a clear of the plan since the approval of the existing U.S. district. The city has adopted the Comprehensive Plan 2040 and blueprint, Denver stated throughout this presentation. The proposed rezoning meets the intent of these plans. Lastly, the proposed zoning is consistent with the area of a neighborhood context residential district on the new as you see one zone district. Stock does recommend approval based on finding or review criteria has been met. All right. Thank you, friend, for the presentation. And I believe council members, you should have the presentation also in your inbox. Council tonight has not has not received any written testimony on Council Bill 21, Dash 0309. We have one individual signed up to speak this evening. Jesse Paris is our speaker. Go ahead, Jesse. That's good, he remembers. Members count for those watching at home. My name is Jessica Shaw. I'm Paris and I'm representing four black stars Exxon Mobil for self defense, positive action for Social Change, as well as the Unity Party of Colorado and Frontline Black News. And I will be the next mayor of Denver in 2023. I'm in favor of this 82 dwelling units for District six and Councilman Cashman's district. I just had a question about how this process works, because several times last week we heard from a gentleman who kept telling us that he was not able to get approved for his application in, I believe, was either Sunnyside or Chaffee Park in Amanda Sandoval's district. So if somebody from CPB could explain that process of how that works, I would greatly appreciate it. This may all of criteria. So I'm going to be in favor of this rezoning tonight. Uh, good. Good job, Casserly. Thank you. All right. Thank you, Jesse. That concludes our speakers questions from members of Council on Council Bill 309. Council Member Cashman. Thank you. Council President Fran. If if this bill passes, it allows for an ad you use on the property. But before this particular structure might be used for an idea, it would need to meet all other building code requirements, as was said. The stove was removed, so on and so forth. But it would need to meet any quality qualification imposed by our existing ordinances, correct? That is correct. All right. Thank you very much. That's all council present. All right. Thank you. Councilmember Cashman. Councilmember Flynn. How about I'm president? Fran, could you tell me if you're aware? Does the existing structure that was erected without permits and and operated as an aid to you without the zoning, I guess, for a couple of years? The owner then was turned down at zoning board, but given until 2019. Could you tell me if the building form complies with all of the rules for setbacks and height and whatnot for an ADU in this particular zone district? Yes, that's correct. It complies with everything. And anyway, when she goes to get to get it permanent now, because she's going to like once she gets the rezoning, she's going to have to get a permit again. So they're going to check on that again. So they're going to have to check again. But she complies with all but but it does the current it does comply with the said but of building form and everything. Okay. Thank you very much. That's. That's all I needed to know. Thank you. All right. Thank you, Councilmember Flynn, and thanks for answering those questions, Fran. The public hearing is closed. Comments by members of Council on Council Bill 309 Council Councilmember Cashman. Yeah, thank you. Council President I certainly have great respect for the neighborhood group and understand the concerns. But in my looking at the history of this property, first of all, the building as as Fran tells us, does meet the requirements imposed on an ADU in this setting as it is an existing building, it certainly doesn't change the landscape of the community. And I see no evidence that the property owner had evil intent when this structure was built. And I think it was a case of a lack of understanding of the zoning code, which is certainly understandable. I still have work to do myself to become fully conversant with with our code. So that being said, I will support this ADA application this evening, as I do believe that it's clear that the criteria as presented in our code had been met, and I would ask my colleagues to support that. All right. Thank you, Councilmember Cashman. And I concur. It does meet all of the required criteria and I will be supporting it as well tonight. Madam Secretary, roll call on Council Bill 309, please. Cashman. I. Can each. I. Ortega. I. Sandoval. I. Sawyer, I. Torres. Black. I. CdeBaca, I. Clark. I. Flynn. I. Hi. I. Council president. I. Madam Secretary closed the voting and announced results. 11 811 Eyes Council Bill 20 1-0309 has passed. Council Member Clerk Will you please put Council Bill 310 on the floor for final passage?