Speaker 1: 12 Eyes Council built in 71 has passed. Congratulations. Thank you, everyone, for your conversations. Councilman Flynn, will you please put Council Bill 1125 two on the floor?
Speaker 3: Yes, Mr. President. I move the council bill 1125 series of 2016 be placed upon final consideration and do pass.
Speaker 1: All right. It has been moved in second it the public hearing for council bill 1125 is open. May we have the staff report from Ryan whenever.
Speaker 10: Good evening council president members of city council. Hey, good evening. My name is Ryan Winterberg live with community planning and development here to present rezoning 2016 i00058, which is from 1154 to 1166 South Lincoln Street from RMU 20 waivers and conditions to you are age 2.5 with a waiver. So our subject site is located in Council District seven and it is in the Platte Park statistical neighborhood. Zooming in, we can see that it is located on South Lincoln Street between East Mississippi and East Arizona Avenue. We are on slide four here excuse me. And it is located less than one half of a mile from the Louisiana Pearl Station and less than one half of one mile from the I 25 and Broadway station on two. Slide five, as the property is quite four four of an acre, it is comprised of five parcels and five single family homes constructed in 2015. And the property owners are requesting a rezoning to do a couple of things. So the first is to bring the property into the Denver zoning code and provide a transition from the adjacent lower scale residential uses located to the south and to the east, as well as bring 1166 South Lincoln into compliance with zoning standards due to an unintentional error in development review, the site does currently not conform with its existing zoning, but the proposed zoned district does capture the existing built condition. The rezoning will also change the site from a controlled district to a protected district, with the exception of the proposed waiver that will waive the application of the Protected District Bulk Plan on the Northern property, and we'll talk a little bit more about that. So the request is to resign from army 20 waivers and conditions to you are h 2.5 with a waiver. Our request is within the urban neighborhood context. It is a rowhouse district permitting maximum building heights of 2.5 storeys. So the waiver request, the waiver is specifically intended to waive the protected district designation of the urh2 point five zone district along the northern boundary of the proposed rezoning area. For the purposes of applying a protected district bulk plain to the north on the existing multifamily units located to the north of the subject site. So in effect, the intent of the proposed rezoning would be to keep those existing multi-unit structures located to the north of the rezoning area as conforming structures due to the waiver of that application of the bulk plan and all other protected district standards, including maximum building height, would still apply. And why a waiver in this particular case. Speed policy supports the use of waivers where there is a the waiver helps address an issue that CPD is committed to addressing in a future text amendment. And there are a couple items here that this map amendment case revealed to us. The first is that the Denver zoning code does not currently list bulk plains standards as a standard that renders a structure compliant. So through the introduction of a standard, you are h 2.5 some district or any control district. Existing structures would be rendered non-conforming, even though they were built in conformance with the zoned zone district standards at the time of their construction. And we do anticipate that as properties rezone into the Denver zoning code, the interaction of these protected districts in the Denver zoning code with remaining former Chapter 59 control districts, may create additional nonconformity . So if we think to areas like Stapleton, additional parts of Gates and Lowry, of course, this Map Amendment case has brought one of these to light. But this case does warrant the additional need for further analysis and identification of appropriate solutions. So now to existing context and I'm on Slide nine, moving on to ten. So the subject site is again, RB 20 waivers and conditions resound in 2004 as part of a larger rezoning area. We can see it located to the north and to the east. It is a primarily residential district, while allowing for limited civic and commercial uses. However, the civic and commercial uses are not permitted within 50 feet of any single or two unit use, so they would, in effect, not be allowed at our subject site. On to the specific waivers and there's more detail in your staff report. But the two that are most important today are that the waiver is currently applied to the subject site limit, both permitted uses across the entirety of the site and specifically the southernmost slots. That's the 1166 South Lincoln site. And additionally, height is waived for the 1166 South Lincoln site to 35 feet in height to intended to respond to the scale of adjacent existing structures and provide a transition between new development and existing lower scale residential development. Looking to surrounding zoning. We can see to the south of our subject site you too, you see, and you to be one to the south as are both protected zone districts. And then looking to the west across Lincoln Street, we see RMU 30 with waivers and conditions. Another former Chapter 59 zone district as well as the umx3 zone district and see Annex 12 located along the higher intensity Broadway and Mississippi intersection. And in Slide 13. So there is a general development plan that applies to the subject site. It is the gates is GDP approved in 2007 and it is the 29 acre site and was required by the RMU 23 ME 30 A.M.E. 30 zone district. It essentially contemplates the redevelopment of the former Gates East site. Urban Design Standards and guidelines also applied to the GDP area coterminous with the boundary. You will see that our subjects height is located within sub area two, which is a lower scale residential area. We'll see that reinforced in the GDP as we move on. The site is also within the Washington Park View plane specifying maximum building heights for all structures. And the view plan does specify a maximum building height of 104 to 105 feet so far above the proposed, knocking them at height of 35 feet. Onto land use. We can see that our subject site is single unit residential. It is surrounded by a single unit and two unit uses to the east and to the south. To the north we see multi-unit users facing onto open space again with some commercial to the north of Mississippi. And we see a large area of vacant property as well as some remaining commercial structures along the Broadway corridor. Now to see photos of our site in the upper left hand corner. This is an image of the five single family homes proposed for rezoning in the upper right hand corner of the multi-unit structures located to the north of the subject site. And then typical photos of the surrounding context. Two units, single unit, as well as the substantial vacant property across the street on Lincoln. Terms of process. The following three registered neighborhood organizations were notified throughout the rezoning process, and we received four letters of support from neighborhood property owners, as well as the plot Per People's Association received on an original application that has since been amended. In terms of process, we receive notice of receipt of application June 17th, 2016. A planning board public hearing was held on August 17th and continued until September 21st. On October 14th, CPD received notice every revised application. So the application before you today. And on October 17, the Planning Board voted 8 to 0 to recommend approval of the rezoning at the LUDIE Committee. Move the bill forward on November 14th and notice of today's City Council public hearing was sent on December 19th, on Tuesday 20. So on to the review criteria. Slide 21. For consistency with adaptive plans, we have three plans that apply to the subject site, slide 22. The first is comprehensive plan 2000. We did find the rezoning consistent with comprehensive plan 2000 as seen here and articulated in your staff report. To Slide 23. Blueprint DENVER The city's land use and transportation plan can see that are subject site is called out in an employment concept land use area. So these are areas that include office warehousing like manufacturing and technology. But we do find that this is of limited applicability. So we do look to the surrounding context, such the south of Arizona, we see a recommendation for single family, residential and the resulting development pattern that has occurred within this area, within the redevelopment of the Gates East Plan is consistent with the single family residential, where employment base is significantly smaller than residential. That has occurred within the area. Also see their subject site is located within an area of change where Blueprint Denver specifically recommends addressing edges between areas of change in areas of stability and furthering compatibility between existing and new development. We find that the application of the U. R 2.5 zone district with a waiver not only recognizes the resultant land use pattern consistent with recommendations to the South, but does provide a transition between the lower scale single-family and duplex areas located to the south, to multi-unit uses located to the north, and higher intensity development that is permitted to the west. Under street classifications means that Lincoln is an undesignated local, so providing local access less influence on traffic volumes. 2.5 Zone District is appropriate for this local classification. And on to the Gates East General Development Plan. Specific Goals and strategies for the plan overall. On Slide 25, our call for the creation of sub areas that respond to a historic block pattern in recognition of the surrounding context, concentrating active users along major streets and locating higher density in areas to prevent, to provide and create gateways and a sense of entry. So the proposed you are age 2.5 zone district does respond to the historic block pattern and recognize this context. If we look to the surrounding areas, we did notice areas of higher intensity zone districts mapped along major streets and gateway corridors. So the zone district request of new RH 2.5 is consistent with this overall recommendation. And the subject site. Page 26 is located within sub area two. This is the lowest intensity sub area of the Gateses general development plan located prominently along local streets and its overall intent and this is reinforced by the urban design standards and guidelines is a residential presence for each street while through design techniques, passing techniques that really unite the public realm and the private realm, and housing density that provides good eyes on the streets along with transparency and entrance requirements. And the GDP also recommends a maximum building height of 35 feet for the southernmost property. So the rezoning requests to you are each 2.5 is consistent with this height recommendation. Onto Page 27. So based upon our analysis of adopted plans, we do find that the rezoning meets adopted plans is consistent. Next onto uniformity of district regulations, we find that the application of the You are 2.5 zone district will result in the uniform application of the zone district standards across similarly zoned properties. Again, it will also bring 1166 South Lincoln into conformance with zoning standards, and the proposed waiver is consistent with a planned amendment to apply to these applicable zoned districts in the future. So therefore, therefore, we find that the application of the waiver specifically will result in the uniform application of zone district standards. We find that the proposed MAP Amendment also furthers the public health, safety and welfare, primarily through the implementation of adopted plans. Onto justifying circumstances as stated in your application, the land or its surrounding environs has changed or is changing, and we find both a change in the property itself as well as the surrounding environs. So the redevelopment of the former Gates rubber factory itself is a substantial change condition and the rezoning to you. RH 2.5 for the waiver recognizes this resulting context and character, and the rezoning also acknowledges the U2 C and you as sub one zone districts that were applied just to the south while providing a transition from those lower scale duplex and single family uses to the higher intensity uses that exist to the north and as well as permitted to the west. Just Slide 29, we find that it is consistent to apply zoning within the urban neighborhood context to the subject site, as explained here and in your staff report. And on to consistency his own district purpose. On Slide 30, we find that the Zone District Purpose statement is appropriate for the subject site and look to consistency with zone district intents as a specific intent statement for the you are each 2.5 zone district and find that it is appropriate to apply to zone district at this particular location. So based upon our review of the five rezoning criteria, CPD does find that the rezoning meets all five and do recommend approval. I'm happy to answer any questions.
Speaker 1: All right. Thank you, Ryan. Fast and effective as always. All right. We only have one speaker tonight and we call up Scott Moore. You have 3 minutes.
Speaker 3: Thank you, Mr. President. I'm. My name is Scott Moore. I'm one of the owners of 1166 South Lincoln Street. I'm also the representative of the owners of 54, 56, 60, 64 and 66 South Street in connection with this rezoning application. I don't have a speech prepared for you. I'm just happy to answer any questions you may have.
Speaker 1: Great. Thank you. This concludes our speakers questions from members of council.
Speaker 4: Councilman Espinosa I'll be brief because I think I asked this in committee, but I can't remember what was the impetus for this, the rezoning request that.
Speaker 3: I'm happy that I'll be able to answer that. It was it was a, you know, a series of things. This is a neighborhood that was just being developed. My neighbors and I all bought our houses approximately one year ago. There is, you know, other development that's planned in the neighborhood. And in our discussions, you know, with the you know, the neighborhood association and the neighbors, we realized that our zoning didn't really match our properties. The zoning of our properties dates from the days when it was a parking lot for the suburban factory and was planned for a mixed use, partially commercial type development.
Speaker 4: So there was a mismatch of the guys behind you across the alley as well, to see if they wanted to be included or.
Speaker 3: We're going to probably be speaking with them because there's a you know, there's an issue with the with the current zoning. That is another impetus for it. And I just want to bring up discuss that. But the fact that the current rezoning to be discovered during this process renders my house non-conforming, that's and one of the reasons they were talking about the waiver here is that that's an issue that affects other properties in the neighborhood. So after this, I do intend to have some discussions with the neighbors and see if this is something they would also like to pursue. I anticipate there's a good chance that the whole neighborhood of single family houses will want to do that. But it's yeah, I'm not a lobbyist. It's hard to organize a group of homeowners. We haven't even had a homeowners association meeting yet. So it's it's kind of easier to get together the neighbors on your street.
Speaker 4: Okay. And then one quick question for Ryan. The future, your age, 2.5. Are you going to starve? Is it going to cease being a protected district or just when there are certain adjacencies to our new 20 or mixed use zone districts?
Speaker 10: Great question. So the waiver sets up exactly for that conversation. Through this MAP amendment application. We realized that because a bulk plane is not listed as one of the specific items that renders a structure compliant as opposed to nonconforming. So a determination that offers additional flexibility and rebuild ability that that was revealed to us. But really, the analysis is needed to determine whether there are other standards that may become problematic over time as protected districts are introduced adjacent to control districts. So I don't believe we know the answer at this time about what the appropriate solution may be. But I don't think the intent is to remove the protected district classification from from protected.
Speaker 2: Districts.
Speaker 4: That would sort of have unintended, unintended consequences. All right. Thanks.
Speaker 1: All right. Seeing no other questions because I can't see my screen. This this concludes a public hearing for the council. Bill four 1125 is not close. Comments from members of council. Councilman Clark.
Speaker 3: Thank you, Mr. President. I just wanted to say thank you to Scott for reaching out to neighbors, working together. This has taken a little while, but I think as evidenced here today with the everyone in favor and everything worked out, it was complicated. And so thank you for putting this together and working on behalf of not just yourself, but also your neighbors to get this right. And and I'll be happy to support this, this, this evening. And I would encourage all my colleagues to do the same. Thank you, Mr. President.
Speaker 1: Great. Thank you. Councilman Clark, looks like there are no other folks up for comments. Madam Secretary, roll call.
Speaker 7: Clark. I. Espinosa. Flynn, i. Gillmor, i. Herndon, i. Cashman. All right. Can each. Lopez. All right. New assessment.
Speaker 2: I black.
Speaker 7: Mr. President.
Speaker 1: I please close the voting and ask for results.
Speaker 7: 12 eyes.
Speaker 1: 12 Eyes counts of 1125 has passed. Congratulations. All right, Councilman Flynn, will you please put Council Bill 1166 on the floor?
A bill for an ordinance changing the zoning classification for 1154, 1156, 1160, 1164, and 1166 South Lincoln Street.
Rezones property located at 1154, 1156, 1160, 1164, and 1166 South Lincoln from R-MU-20 to U-RH-2.5 (residential mixed-use to urban row house) with waivers, in Council District 7. The Committee approved filing this bill at its meeting on 11-29-16.