Speaker 0: 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 individual or personal attacks. Councilman Susman, will you please put Council Bill to update on the floor?
Speaker 4: Gear together I move that constable to 88 be placed on the to to be placed upon final consideration and due pass.
Speaker 0: It has been moved and seconded. The public hearing for Council Bill two eight is open. May we have the staff report?
Speaker 9: Thank you, Mr. President. Pro Tem Council members. I'm Andrew Webb from Community Planning and Development. And this is a proposed rezoning of properties at 3649 East 40th Avenue and 3600 East 41st Avenue. They are located in Council District nine in the Elyria and Swansea neighborhood. The rezoning consists of two parcels side by side, about just a little over one and a half acres, and one of the properties does have about a 9000 square foot building on it. The proposal is to rezone these properties to C-Max five, that is the Urban Center Neighborhood District mixed use with a maximum height of five stories . The existing zoning on the property to the west is CMU ten with waivers. That's a former Chapter 59 mixed use zone district. And the waivers allowed additional allow additional industrial and construction uses. Among other things, the property on the East is currently zoned IAU oh two. That is a light intensity industrial district. And the oh two overlay is the overlay that allows for billboard uses. And this proposed rezoning does not intend to preserve the use of two overlay surrounding zoning as a mix of a single unit to the West and the Southeast. And then some mixed use rezoning has already occurred closer to the 40th and Colorado station to the north. The existing land uses in the area are primarily residential or I'm sorry, primarily industrial with a mix of single and two unit residential in the direct area of the rezoning, with a single unit to the more single unit neighborhoods to the west and to the southeast and industrial directly to the south. This area gives you a feel for the built environment in this area. As you can see, adjoining the west edge of the property. Here is the former market lead railroad spur trench. And then to the north is a landmark food silo, grain storage facility development in the air. And the area currently is relatively low scale, a mix of one and two story buildings and some small scale residential. As you can see, there is primarily vacant land on the subject site and then an auto dealership and a few other industrial uses generally in the neighborhood. The proposed CSX five district promotes dense, mixed use centers with moderate to high building heights and is intended for areas redeveloping around rail stations with a mix of retail, residential, commercial and office uses. The informational notice of receipt for this application went out in January. All of the required written and posted notification has been provided for this rezoning. The Planning Board considered it in March and unanimously recommended its approval. There are quite a few registered neighborhood organizations that consider this property to be within their boundaries. All have been notified at several stages in this rezoning and we've not received any formal comment from Arnaud's. As you're aware, to adopt a rezoning, the Council must find that the proposal is consistent with these five criteria from the Denver zoning code. Regarding the first consistency with adopted plans, there are three plans that impact this site. Of course, the Denver Comprehensive Plan and Blueprint Denver and then the Elyria and Swansea and Neighborhoods Plan adopted in 2015. This proposed rezoning would further several policies contained in the comprehensive plan generally around development and redevelopment of compact mixed use areas around transit that allow people to meet multiple needs in one place with a minimum of driving and for updating and clarifying zoning in the city. Moving away from former Chapter 59 zoned districts, the blueprint plan highlights this area or identifies this area for future land use of transit oriented development and identifies it as an area of change. The future street types include a mixed use arterial and an enhanced transit corridor corridor on 40th Avenue and then a mixed use arterial arterial on Jackson Street, heading up toward the the freezing Colorado RTD station, both of which would support this type of higher intensity. Mixed use development. The Elyria and Swansea Neighborhoods Plan identifies this area also for transit oriented development in the area surrounding the 40th and Colorado station and recommends a five storey maximum building height for development here. Additionally, the Elyria and Swansea Neighborhoods Plan identifies this particular area as part of a transformational effort to occur over time in this neighborhood to redevelop the OR to fill and potentially redevelop the old market lead trench and reconnect Monroe Street there between 41st and 40th Avenues and essentially reconnect the street grid in this area. With regard to the second criteria, this request will result in a uniform application of the CMC's zoned districts. Regulations on building, form and design further furthers the public health, safety and welfare by implementing adopted plans and policies for walkable development that supports transit oriented areas. And with regard to justifying circumstances. CPD agrees with the applicant's proposal that the land or its surrounding environments have has has changed due to ongoing redevelopment near the 40th and Colorado station and with regard to the fifth criteria. This request is consistent with the neighborhood context zone, district purpose and intent. The Urban Center Neighborhood context is intended to provide active, pedestrian, scaled and diverse areas of activity near near transit stations. So with that, CPD does recommend approval based on a finding that all these review criteria have been met, and I'm happy to answer any questions.
Speaker 0: Thank you very much. We do have four individuals signed up to speak this evening. If you could make your way up to the front, Dan O'Brien, you'll be first and Christopher. So you will be right after Dan. Dan O'Brien, you have 6 minutes. Go ahead. Dan O'Brien, architect with President's Design Group based here in Denver. And I've been working with the property owners to help work through the rezoning process. The property has been used for business purposes, for construction company, and with the completion of the transit line, you know that they've recognized that that particular use is probably not a long term use for this property anymore. And so they're just trying to restructure the land so that it's set up better for redevelopment. In response to the transit line being located nearby. And that's really kind of the summary of the situation. Thank you very much. Christopher Kelly. You're up next. And after that, Jesse Paris. I am Christopher Seller and I'm the owner of this land along with my brother and a partner. And so just what Dan said, we. Looked at rezoning this land the last couple of years. It seems like Cemex five is a good, good way to go and. I didn't have anything to add but that. Thank you very much. Jesse Paris. And after that, we'll be chairman school.
Speaker 10: Good evening again. Members of Council. I am against this.
Speaker 0: Could you just say your name for the record?
Speaker 10: My name is Jesse Paris with Black Star Action Movement for Self-defense and Denver Homeless out loud. I'm against this. Once again, this is another example of gentrification. My question is if this is going to be a mis mixed use residential property, how many units are going to be between 0 to 60? Am I and how many units are going to be involved? And also, who is going to occupy this property? Yeah. So that's aloha.
Speaker 0: Thank you. Our last speaker is chairman. Chairman CQ.
Speaker 3: Yes. My name is Chairman Sekou Flex. Lyrics Movement. Self-defense. Okay. We support this this change. And it's been considerably discussed within our organization. And part of what is really happening here is. Folks are scared. When you talk about going from an industrial zoning. Too mixed use and want to build 12 stories up. Doesn't sound like we're talking about building in a. Think other than housing, but I'm sure there's going to be some commercial use at the bottom and whatnot. So when you do these zoning changes like this, there's an anticipation of future property worth going to selling, especially with the developments that are going on now. So this is where in these zoning changes where it may be considered inappropriate to kind of forecast in the future about where folks are going to be doing because they're not really outlining what they're getting ready to do, but they've been thinking about it for a while. There's a certain piece in that that says, okay, maybe we should just take a look at this and just see how it unrolls, because the possibility is future employment opportunities for poor people in that area. Also, the nature and type of housing, whether it be for sale buyers or rent, could be some possibilities for for people having the opportunity to own some property like their house or their unit so they can pass that on to their kids so they don't permanently stay in the underclass. And then also, last but not least, an opportunity for subcontractors who have been systematically eliminated from the process, who are now being engaged by city council to participate in the process, to get some business opportunity so they can expand the companies. And then we actually have some graduates who come out of these programs so that there is folks who can now compete on the same playing field as the big folks, as the big guys. So it has a lot of good things that can happen. So we want to fall on the side of the possibilities of the good. And see what happens with a watchful eye. By City Council on seeing how this whole thing gets to be unraveled. Because truth is, I was raised at 3637 JACKSON When our family moved out the first place. I know the area. I grew up there. We used to go over there and shoot pigeons and whatnot at the bridge.
Speaker 0: I'm sorry, Chairman City, but your time's up. Thank you. I'm. All right, that concludes our speakers. Are there any questions from members of council? Councilman Ortega.
Speaker 11: Thank you, Mr. President. Pro tem. I wanted to ask Mr. Sella if you could come forward. I couldn't tell from the photos what type of industrial business was there and whether or not there will be a lot of environmental cleanup costs on the site. Can you just talk about that a little bit?
Speaker 0: The building that exists, there's that 9000 some square foot building. Right now, we're using it as a mill workshop. We build custom. We do a lot of restaurants and bars. We do a lot of historic work. So that's what it's being used for. So it's not a. Environmentally, it's pretty good.
Speaker 11: Have you had it for a very long time?
Speaker 0: We've had the that building since about oh five, I think it is. Okay. He used to be Colorado roping wire and rope.
Speaker 3: Okay. Before us.
Speaker 11: More related to the. The geographics of the neighborhood, huh?
Speaker 0: Will that the lot next door? My father bought back in the sixties. So that's how long we've had that lot.
Speaker 2: Okay.
Speaker 0: Yeah.
Speaker 11: All right. Thank you. I have no other questions.
Speaker 0: Thank you, Councilwoman. Councilman Espinosa.
Speaker 5: Yeah. The what is the how much residential commercial? I mean, how much residential is currently allowed in the fire zone district? None.
Speaker 9: So that's a great question. The the eyes on district does not currently allow the establishment of new.
Speaker 0: Residential does allow existing and.
Speaker 5: But the CMU ten does correct.
Speaker 9: See the CMU ten does allow residential. That is correct.
Speaker 5: And what's the number of story, maximum number of stories that you can do in the eye and the CMU ten.
Speaker 9: Both are far based. So it would it would be a function of space and parking requirements, that sort of thing.
Speaker 5: Do they have impervious area requirements, the existing zoning?
Speaker 9: I do not know.
Speaker 0: Off the off the top of my head.
Speaker 5: Would you say, would you consider this concert? I mean, is there any change in development right now? Is this a net increase in development rights neutral or decrease in development rights?
Speaker 9: I don't know that I can I can really accurately answer that. You know, this results in the taking away of some heavier industrial uses and the addition of some new standalone commercial uses and new residential uses. But the establishment of some very high design guidelines, street frontage requirements, active use requirements, that sort of thing. So it's a trade off in both ways.
Speaker 5: Okay, great. Thank you.
Speaker 0: Thanks. Thank you. Councilman. Councilman Flynn? Yes. Could you stay stay up there, please. Thanks. The CMU ten is an old Chapter 59 called. And so this wasn't updated in 2010, apparently because it had the waivers attached to it, is that.
Speaker 9: Absolutely. That is correct.
Speaker 0: Okay. So I just wanted to follow up on Councilman Espinosa's line of questioning. What what would be the density under the CMU ten? And yet, I guess what I heard you say was you couldn't really tell.
Speaker 9: Generally speaking, it would be about the same. But we would have to. It would it would be a, you know, a an equation based on the lot size and that sort of thing and proximity to other types of uses.
Speaker 0: Okay. And finally, you mentioned Monroe coming through to from 41st to 40th. Is that part of this rezoning or have we talked to the property owner?
Speaker 3: And will we be get will we.
Speaker 0: Be deeded the right of way for 44 of Monroe to come out to 40th?
Speaker 9: That's a great question, actually. It's my understanding and we did work talk with public works as a part of this rezoning application. They did review the application. The New Right of way will actually exist where about half of the current market lead trash and some other city right of way is they are requesting some access easements to the property during the construction and during the fill of the trench. But there is not a need for actual property here. Okay.
Speaker 0: And we are filling the trench.
Speaker 9: That's my understanding of the current plan.
Speaker 0: So I think right now Pier is.
Speaker 3: Being used as a dump.
Speaker 0: Right? Right. Okay. That's all. Mr. President. Pro Tem. Thank you. Thank you, Councilman. Seeing no other questions. The public hearing for Council Bill 288 is closed. Are there any comments from members of council? Guzman Espinosa.
Speaker 5: Yeah. You know, obviously, this this rezoning is consistent with the with the established criteria. That said, there are other aspirations that have come to light that have been voiced and codified in in adopted plans as well with speak to sort of how we'd want to use Tod and station area and, and the like. And so I mentioned this at Ludy in a different rezoning, but this one is the exact analogy. I met with the director of Public Works, Brad Buchanan, earlier today about this very situation where you have a industrial land and you rezone it to CMCs five or even higher in some cases, as we've done in other station areas , and doing it in a way where we would where we would establish we would we would adopt the the plan recommendations legislatively. But in grant this is a use by right. What is being sought here but with an affordability component. And in this was a this is a different approach than anything we've done. We've attempted before. But I think it gets to a sort of difficult to reach goal that that gets vocalized time and time again. So I will continue to be working on that so that we have the confidence as we as we capture some of these some of these things that this zone district does capture with regard to a change in use, introduction of housing, possible mixed use, maybe some design guidelines and standards or all the other things that are being discussed around this rezoning so that we can actually move forward with more confidence that these these new developments would actually be a little more comprehensive in in the demographics and opportunities that are captured that were spoken here at public comment in previous hearings. So, you know, but that's a function of what tools we have currently. We don't have tools in this project. This proposal matches the existing tools, but I look forward to hopefully one day bringing forward a different tool that we should all we could all be considering in this case. With that, I'll be voting in favor of this rezoning things.
Speaker 0: Thank you, Councilman. See no other comments. I'll just add that based on what was put forward in the public hearing in the staff report, I believe all the criteria have been met and I will be voting yes tonight. Madam Secretary, roll call.
Speaker 1: Black Eye. Espinoza.
Speaker 0: Flynn, i.
Speaker 1: Herndon, i. Cashman Can eat. Lopez I knew. Ortega, I. Sussman Hi, Mr. President.
Speaker 0: Hi, Madam Secretary. Please close the voting, announce the results.
Speaker 1: One person hasn't voted.
Speaker 0: 11 Ice 11 are accountable to 88 has passed. Councilwoman Sussman, will you please put council bill to 91 on the floor?
A bill for an ordinance changing the zoning classification for 3649 East 40th Avenue and 3600 East 41st Avenue in Elyria Swansea.
Approves an official map amendment to rezone property located at 3649 East 40th Avenue and 3600 East 41st Avenue from I-A, UO-2 and C-MU-10 with Waivers to C-MX-5 (industrial to urban center, mixed-use residential) in Council District 9. The Committee approved filing this bill at its meeting on 3-27-18.