Speaker 9: Thank you, Mr. President. And good evening, City Council. I'm Sara Showalter, senior city planner with the Department of Community Planning and Development. This case is located on several parcels addressed 151 through 175 South Harrison Street, located in the southeast section of the city and Council District ten in the Cherry Creek Statistical neighborhood. This area outlines the site in the yellow dashed line. It's located at the corner of Harrison Street and Cedar Avenue, just west of Colorado Boulevard. The property is just over a half acre in size. It's currently vacant land and the applicant is requesting to rezone to a pad under former Chapter 59. The current zoning is APD PD 625. This was adopted in 2008 to allow for townhome development on the site. It currently allows for 15 units total with a three storey maximum height, and it does have very specific and detailed architectural elevations, some of which you can see a photo of here on the screen. The primary reason the applicant is requested to rezone is the desire to do different architecture than what's in the existing PWD. There are very few substantive changes from the existing period. It'll still allow for multifamily as the only use with a maximum of 15 units. The height will remain the same, which is three storey maximum at 42 feet total. The changes that are proposed through this rezoning are updating the building elevations and allowing for them to be more conceptual rather than a very specific design. And probably the most important change is incorporating design guidelines that are based on the current version of the Cherry Creek East Design Guidelines. There are also very small changes to the development program to reflect slight change in the design of the site. The main reason that the requested zoning is a PUD as opposed to a standard zone district from our Denver zoning code is because of the desire to incorporate design guidelines. There are design guidelines today called the Cherry Creek East Design Guidelines that went through a process over ten years ago but were never officially adopted by a planning board. And our Cherry Creek Area plan, which addresses this neighborhood, calls for updating those design guidelines and then having them officially adopted until that time. This PD allows for the majority of those guidelines to be incorporated and applicable to this site. The reason why it's a PDF under former Chapter 59 is really a matter of timing. When the applicant applied several months ago, CPD was using a very strict interpretation of the PUD criteria under the Denver zoning code, one of which is public benefit would result from the PUD. Since that time, we've had a conversation with a lot of City Council members about the importance of zoning into new code districts under the Denver zoning code and seeing that as a public benefit. So it is our hope that this is one of, if not the last one of the last former Chapter 59 parties that you would see that policy shift was made after the applicant had already applied. And we did not want to make them start over again with a new code PUD. So that's why it's under former chapter 59. This is the district plan, as it's called in the proposed PUD, showing the 15 units that are proposed. They are oriented to face the streets and really promote a pedestrian friendly, walkable neighborhood. This is the proposed conceptual building elevations and alternate view, seeing them from the back of the alley. In terms of the existing context in this area, the zoning is immediately around the site is either other PDE zoning or GM three and immediately to the south S.R. eight. The uses in this area are primarily residential. There's quite a mix of two family and multifamily being the predominant residential uses. These images quickly orient you to the existing building form and scale in this neighborhood. The image on the top shows existing duplexes that are just north of the site. The image on the bottom there shows the vacant site with some multifamily behind it. The this image on the top shows the property that's directly west of the site, a three story multifamily building. And the image on the bottom shows property across the street on the other side of Harrison. In terms of the public process. We went to planning board for a public hearing on August 20th. They did vote unanimously to recommend approval. I went to the Neighborhood and Planning Committee on September 18th, and then we're here tonight, October 27th. In terms of the public outreach that's been done for this public hearing, there was written notification to R.A. emailed on October 6th. The sign was legally the property was legally notice was signs from October 6th through today. And the only public comment we've received is one letter that was included. Just today we received it. The neighbor who wrote this letter expressed kind of two concerns. One was about the notification of the property for the planning board public hearing. I did want to note that all of the noticing requirements per our code for both the planning board public hearing as well as this public hearing were met. And the second concern cited in the letter revolves around the maximum height of the building, which is three stories or 42 feet. There is a small enclosed stairway and landing that goes up to the roof of the property, which does not count as a fourth story per our code, as long as all it contains is a minimum landing area for the stairway. So as the applicant, if the zoning is approved tonight, as they proceed with their design and construction, they will be closely monitored to make sure that it does not include anything more than that and does not qualify as a fourth storey. I'll quickly walk through the review review criteria for this piece, which does fall under former Chapter 59. The first is consistency with adopted plans. It is consistent with three of the strategies identified in comp plan 2000, including goals relating to promoting infill development in existing areas that already have infrastructure promoting infill development. That's consistent with the quality and scale of surrounding neighborhoods and also identifying areas where it makes sense to add density in appropriate way. Blueprint Denver does designate this site as urban residential, which the proposed use is very much in conformance with. It also designates this area along Harrison Street as an area of change. And finally, the Cherry Creek Area plan adopted in 2012 has this entire section dedicated to the Cherry Creek East neighborhood where the site lies. It complies with many of the goals that are in the plan for Cherry Creek East, including reinforcing the residential character of this neighborhood, respecting the existing scale, revitalizing and encouraging reinvestment along Harrison Street and updating the Cherry Creek East Design Guidelines. As I mentioned earlier, we see this pegged as an interim solution until we have the staff resources to engage in the process to completely update those guidelines and have them officially adopted. This is also in compliance with the Cherry Creek Area Plan because it has a maximum of three stories, which is what the plan calls for and our other other criteria. We do find that the site through this request meets all of them, including the justifying circumstance of a change or changing condition. This whole neighborhood is seeing a lot of change with residential redevelopment. We also have a newly adopted plan that encourages that type of change in this area. So with that, staff does recommend approval, finding that all of the review criteria have been met.
Speaker 4: Thank you very much. We have three speakers today and all three of you can come up to the front pew. Steven Spahn, Reed Phillips and Brooks Waldman. So, Steven, you can go ahead and get started.
Speaker 8: Good evening, council members. Name is Stephen Spahn, 1731 15th Street, Boulder, Colorado. Can I get to back to my answering your. There it is. There we go. Great. I'm here tonight to make some very brief comments. I'm available for questions and I will ask for your approval of PewDiePie 637 tonight. My client purchased this property early in 2014 with the underlying PDP 626. And which would require an architectural style that was due, which would involve this architectural style, which was very restrictive, and it was due to the way the party was approved. We believe that design could be a it could be much improved before we started designing. However, we carefully reviewed the Denver Comp Plan 2000 Blueprint Boulder Blueprint Denver excuse me, 2002 and the Cherry Creek Area plan for guidance. With this knowledge, we created our initial design concept. We then conducted a proactive neighborhood outreach program to learn our neighbors concerns and to review our design concepts with them. We met with the East Cherry Creek Neighborhood Association on two separate occasions to better understand their concerns and fine tune our design concept. We are pleased to have earned the neighborhood support for this project to garner their support. However, a key element was to develop clearly defined architectural guidelines for this project, which is part of your package to be approved tonight. The neighborhood appreciated that the primary building was only 37 feet high, where 42 feet is allowed. With the exception of the roof stair structure on the top, we also met with city council member Jean Robb, who corresponded with many of the neighbors regarding this project. I know this hearing is not about architecture, but the images shown today represent the project that we hope to build on this site. Our team is ready to move forward on the next stages of this project, and we would very much like your support today. Thank you very much. Thank you.
Speaker 4: Fred Phillips.
Speaker 8: My name is Reed Phillips. I live in Lafayette, Colorado, and I mostly want to make myself available for questions, but also wanted to talk a little bit about our working with the Czech priest, East Arnaud. One of the specific things that may not be included within those guidelines is also a commitment to incorporate the pedestrian.
Speaker 12: Lights within the area that.
Speaker 8: Are unique to that area. Not only in this project, but also to other products we have going in the area and they are not up yet. They will be as well. So I just want to put that forward as well.
Speaker 4: Thank you. Brooks Waldman.
Speaker 8: My name is Brooks Waldman. I live at 66 South Garfield Street. I'm the past president of Cherry Creek East. I'm standing in tonight for Tracy Winchester, who wasn't able to be here tonight. She's our current vice president. And I really want to let the applicant know and planning staff that we so appreciate this moving forward as a . Our neighborhood has been opioids for years now. And the design guidelines were the the tool that we had to make sure that design was consistent within the neighborhood. Having lost that tool, a project like this could be much, pretty much anything under the the new form based zoning. So this has allowed us to get the results that we intended originally and set a good precedent. And I'm so glad to hear Sarah speak about the guidelines being updated. So I'm here in support of this project. Thank you very much.
Speaker 4: Thank you. That concludes our speak and that concludes our speakers is now a time for questions of members of council. Councilman Robb.
Speaker 10: Thank you, Mr. President, for Brooks Waldman, I. I was at one of the Cherry Creek East meetings where there was a discussion of this proposed PUD, but did at any time did the neighborhood organization take a formal position on it?
Speaker 4: Can you come up to the ABCs? Can you, Mr..
Speaker 10: Waldman, go to the microphone. I'm sorry.
Speaker 8: It's my recollection that it was voted at the board level. It was presented at the time to the community. And we had support. We had a consensus.
Speaker 10: Got it. I knew there were a lot of questions at night, but generally positive, and that there were some small neighborhood meetings or smaller group meetings going on. And then just one other question, Mr. President, for Reed Philips. You mentioned the lights that will be going in at the other projects that you've done in Cherry Creek East. As you know, this is really important to the pedestrian feel of the area in sort of a neighborhood tradition. Are you also are those properties occupied?
Speaker 8: No, they are not. One is in construction and one has just completed the construction of the main structure. Okay. And those have been ordered together.
Speaker 10: Okay. Because I wanted to be sure that you have a common wall agreement that provides for the maintenance of the light.
Speaker 8: Yes. And has addressed those lights.
Speaker 12: Specifically, which I've heard is.
Speaker 8: An issue.
Speaker 10: And in this episode, they're actually shown and reflected in the text. So unlike the other zoning, they're actually part of this property. Yes, they are. Okay. Thank you. Great.
Speaker 4: Thank you, Councilwoman Robb. Are there any other questions from members of council? Seen on the public hearing on 705 is now closed. It's time for comments from members of Council Councilman Rob Cook.
Speaker 10: Didn't even ring in yet, but thank you, Mr. President. I feel like there's strong neighborhood support and there's been plenty of information out on this property. I will also confess, Mayor Culpa, perhaps on the old Chapter 59 PD, the day we had a discussion in committee about an EV, chapter 59 PD And I really I think we've only done two or three of these in total in the last four years. But I had been in committee listening to this PD and Councilman Brooks district and we weren't happy with it being an old code PD. I went back to my computer and saw a notice on this rezoning, picked up the phone and said, Is this an old code PD? And it was already in the hopper. And I think they have good explanations for why at this point it was felt that that was the way the developer should proceed. I will be supporting this and would appreciate my colleagues support.
Speaker 4: Thank you, Councilwoman Robb. Councilwoman Fox.
Speaker 0: Thank you, Mr. President. There was reference, I believe I the first speaker to the fact that he hoped or thought that architecture would be what would be finally presented. I sincerely hope it is. I'm voting for it because it's a very attractive rendition. And I'd like to see on the street what I voted for.
Speaker 4: Thank you. Councilman Fox, any other comments from members of council? Scene on Madam Secretary, roll call.
Speaker 7: Rob Shepherd. Sussman. All right. BROWN All right, Fats, I can eat Lemon. Lopez. All right. Monteiro. I never i. Ortega, i. Mr. President, II.
Speaker 4: Madam Secretary, please close the voting announce results. 12 1275 has been placed upon final consideration and does pass. Right. We are moving on to prior public hearing for 764 and 765. Councilwoman Fox, will you please put council bill 764 on the floor?
Speaker 0: Certainly, Mr. President, I know the council bill 764 be placed upon final consideration and do pass.
Speaker 4: It has been moved in second hand. This is a combined public hearing for Council Bill 764 and 765 and is now open. Speakers may address either or both bills at the conclusion of the public hearing. Council will vote separately on each bill. May we have the staff report?
Speaker 9: Good evening again and thank you, Mr. President. I'm Sara Showalter with Community Planning and Development, and I'm here with my colleague Kyle Dalton, co project manager on Cherry Creek Zoning. We're going to give this presentation together and just as we come as a team, we have the two amendments as a team here, the text amendment and the map amendment. I will quickly walk through the background on this project, which has lasted many months and has been a great endeavor and partnership between our office and the technical task force that Kyle will talk about in a minute. The zoning that's before you tonight implements three plans that the city has adopted our comp plan 2000. It very much furthers the goals and that plan for promoting quality mixed use infill development. Blueprint Denver recognizes all of Cherry Creek North as an area of change and encourages the mixed use redevelopment of this area. And then the Cherry Creek Area plan adopted in 2012. One of the primary recommendations in the plan was to update the C CCN zoning that stands for Urban Center, Cherry Creek North. I think most of you are familiar with the fact that when we re zoned the city in 2010, the zoning was not updated into the Denver zoning code. Form based and context based approach. There was a desire then to have the neighborhood plan adopted first, and that did occur in 2012 after a very long process that involved the input of hundreds of stakeholders. And as I mentioned, a major recommendation of that plan was to update the zoning. A development study was done as part of the plan that recognized the current zoning had many factors, including floor area ratio or FAA limits, height limits and off street parking requirements that were limiting redevelopment opportunities in Cherry Creek so that the development that's been happening in the area, so much of that development that people have seen in the past few years has been occurring under different zoning than the CCN. The plan has a very robust implementation section with lots of implementation steps. Just we wanted to note that adopting this zoning, while very important, is just one line on a very long implementation plan. A lot of the comments that we received and a lot of discussion we had with the public throughout this process involved items that are not really in the zoning code and yet still very important and related to land use. These include concerns about traffic and parking in the neighborhood, about the need for better transit, serving Cherry Creek. And we did want to note that in addition to the zoning that we've been working on in the past year and a half, there have been a lot of efforts underway to address a lot of the other implementation recommendations
Rezones property located at 151, 155, 165, 171, and 175 South Harrison Street from PUD 625 to PUD 637 under Former Chapter 59, located in Council District 10. (NEIGHBORHOODS AND PLANNING) Rezones property located at 151, 155, 165, 171, and 175 South Harrison Street from PUD 625 to PUD 637 under Former Chapter 59, located in Council District 10. A PUBLIC HEARING WILL BE HELD AT LEAST FOUR WEEKS AFTER PUBLICATION. The Committee approved filing this bill at its meeting on  9-18-14.