Speaker 0: 11 eyes. Comfortable. 18 Dash 1424 has passed. Councilman Flynn, will you please be accountable? 18 Dash 1540 on the floor.
Speaker 6: Yes, Mr. President, I move that council 18 dash 15 four to be placed upon final consideration and do pass.
Speaker 0: It has been moved and seconded the public hearing for Council Bill 18, Dash 1418. Dash 1540 is open. May we have the staff report?
Speaker 9: Yes. Thank you again, Mr. President and Councilor Scott Robinson with Community Planning and Development. This is a request to rezone 4055 LRT Street from IAU oh two to see annex it. This property is also located in Council District nine in the global neighborhood in the 41st and Fox stationary. This is at the southwest corner of 41st Avenue and Lottie Street. Property is about 19,000 square feet currently used for outdoor storage. The quest is to go from IAU, you oh two, which is light industrial with the billboard use overlay to see Annex eight Urban Center Neighborhood Context mixed use with an eight storey maximum height and again removing the you oh two billboard use overlay. The applicant is requesting the rezoning to develop the property. Property is surrounded on three sides by the same iau o two with c r x 12 across lrt street to the east, and then again a mix of CMC's, S.R. Ex and CMC in the 41st and Fox station area along with the property currently shows up as vacant, as used as outdoor storage, a mix of industrial office and multi-unit residential in the surrounding area. The subject property is the bottom right photo and then some of the surrounding properties in the other photos. This went to Planning Board on December 19th, 2018. I received a vote of 7 to 1 recommending approval. There was no public comment at that hearing. The Land Use and Transportation and Infrastructure Committee reviewed this on January 15th of this year, and there is a letter of support from Globeville Civic Partners in their staff report. And that's the only public comment we've received. In order to approve of rezoning, the city must find that these five criteria are met. The first criterion is consistency with adopted plans. There are four plans that apply to this property. The first is comprehensive plan 2000. As described in the staff report, staff finds that the proposed rezoning is consistent with these six strategies from campaign 2000, mostly relating to infill development, mixed use development near transit stations. The second plan is Blueprint Denver from 2002. The concept land use in Blueprint Denver. This for this property is transit oriented development, which calls for a mix of uses at mid to high densities. This is also in an area of change where the city intends to channel additional growth and both LRT Street and 41st Avenue are designated locals providing connections from the property to larger streets. In Fox Street, half walk to the West is a collector and then turns into an arterial a block south at 40th Avenue, connects down to 38th Avenue, Park Avenue, which are major arterials and the I-25 interchange. The third plan is the 41st and Fox stationary plan from 29. The Disney land use for this property is pedestrian shopping district to date stories, which calls for a ground floor, retail and mixed use with prominent street facing entries, which is consistent with the proposed Sea Max eight zone district. And the fourth plan is the Globeville Neighborhood Plan from 2014 again, which mostly just reinforces the recommendations of the 41st and Fox station area plan, calling for a mixed use development around the station so staff finds the first criterion is met. The second criterion is uniformity of district regulations. Staff finds the proposed rezoning would result in the uniform application of the C Annex eight zone district. The third criterion is to further the public health, safety and general welfare of the city. Staff finds that the first to do so by implementing the city's adopted plans and facilitating the development of the property in a pedestrian friendly manner appropriate for a transit oriented development. The fourth criterion is justifying circumstances. Staff finds the proposed rezoning is justified by the change in changing conditions in the area. The plan adopted in 2014, as well as the recent investments in the area with the transit station and some of the new development that has already been constructed in the area, making this an appropriate rezoning. The fifth criterion is consistency with neighborhood context, zone, district purpose and intent. Staff finds the proposed rezoning would facilitate development consistent with the description of the urban center and neighborhood context and the purpose and intent of the C and Zone District, which is intended to apply to areas and intersections served primarily by arterial streets where building height of two date storeys is desired. As I mentioned, the plans call for to date stories here and again. While the property is not directly on an arterial street, it is in an area served by arterial streets. And so staff finds all five criteria met and recommends approval of answering questions.
Speaker 0: Thank you very much. We have three individuals signed up to speak this evening on this item. If you are one of those three people, I would ask that you come up to the front row so that we can get through everyone as quickly as possible. First up, Bruce O'Donnell.
Speaker 1: Thank you, Mr. President, of members of council. My name is Bruce O'Donnell. I'm at 386 Emerson Street in Denver, and I'm the owners representative for this rezoning request this evening. And I'm joined tonight by the applicant himself who will also speak. This is an excellent implementation step of the city's tod plan, the 41st and fox station area plan, the Globeville Neighborhood Plan and Blueprint Denver. These plans prescribe eight storey mixed use zoning at this location. We have a letter of support from Globeville. Civic Partners and CPD staff and the Planning Board both recommend approval to City Council for this this evening. You also should know that it's a vacant site today, and so reinvestment is a good opportunity for this vacant site. And with that, I'm going to request that city council vote to approve Council Bill 18, dash 1540 rezoning 4055 allotted to CMC and I'm available. Available? Pardon me to answer any questions. Should you have any? Thank you.
Speaker 0: Thank you. Next up, Chris Hudson.
Speaker 1: Good evening. My name is Chris Hughton. 1630 Welton Street, Denver, Colorado. I work for Highland Development Company. We really think this would be a great opportunity to forward the goals of Denver through rezoning this property. Our company is really focused on what we call attainable housing. And so we'd like to is we're studying as far as the linkage fees goes for affordable housing that we would actually build our units within this development. We feel that goes right in line with our goal as a company to provide attainable housing alongside with affordable housing. So I would request that the Council approves rezone from industrial to CRM eight. And Bruce and I are here for any questions.
Speaker 0: Thank you. Next up, Jesse Pierce.
Speaker 8: Jesse Pierce, represented for Denver Homicide, Low Black Star Action, Movement for Self-defense and Positive Action A Commitment for Social Change. And I reside in Albert Brooks District. We are all right. We are still against this. This literally sounds like another rhino redevelopment to me. And every time you have these rezonings, you don't listen to the public. You don't invite the public to these meetings. The public is not able to make these meetings because of the time they're in rush hour traffic. They're not able to make these meetings. This literally streams another rhino redevelopment to me. I hear attainable. That's now in the lexicon. I wonder why it's attainable for who this whole neighborhood is being gentrified. People are being displaced throughout this whole neighborhood of Globeville. And you're sitting up here saying that this is going to be attainable housing and that this is going to include the community. I don't see it. So I want to know what the AMA level is going to be for this property. I want to know exactly how many units are going to be built that are actually going to be affordable between zero and 30%. Ami. Thank you.
Speaker 0: Thank you. That concludes our speakers. Are there any questions from members of council? Councilman Brooks.
Speaker 4: Yeah. Just wanted to know. One member of planning board voted against it. It was a.
Speaker 9: Yes. One member of planning board voted against it. He felt that CMC was more appropriate and that C and X8 was therefore not consistent with the plan recommendations.
Speaker 4: Plan recommendations have. Can you pull that up again? I thought it was c r x for this site.
Speaker 9: Now it seems x, so it calls for pedestrian shopping district.
Speaker 7: Okay.
Speaker 4: And, and, and to just do the explaining again on CMC why why did he the person feel like that was.
Speaker 9: Yeah. So the, the plan calls for this pedestrian shopping district, pedestrian friendly design with you know transparency and built up to the street which is really the intent of the see MI eight as described in the staff report. There's really not much difference in what actually gets built between the CMC and the Sea and so staff found that both would be consistent and the CMC, not the planning criteria, but the the planning board member disagreed.
Speaker 4: Okay, great. And then just a developer question for you. So on a lot of these in this 41st and Fox, we don't get comments from the civic partners. Globeville cares, but the civic partners wrote a letter support and I I'm sure it's in the staff report some more but I couldn't find out what was the reason they supported this project.
Speaker 1: Do you have a letter? I'm not sure. Bruce may have the letter. Yeah. Thank you, Councilman. So we met with them and spoke with them and walk them through the the rezoning. They were the one R.A. that was willing to engage. And basically they felt that it was consistent with the plans for the area. And there are justifying circumstances in their seek reinvestment in this area and felt it was a good fit. And we're more than happy to write the letter of support.
Speaker 4: Okay. And you guys are going to take the equivalent of the linkage fee and build those units out. Is that what the commitment is?
Speaker 1: So as Chris said, that that's being studied right now and it fits in with their business plan. We've done the calculations in for the building that's in conceptual design right now. The formula would yield three units.
Speaker 4: So there are a lot of there are a lot of individuals who, you know, we've done a lot of rezonings in this area and have seen few build in this area. Do you have a timeframe when you're thinking about.
Speaker 1: As far as timeframe goes? You know, I would I would say in the next. Within the next year, we would start.
Speaker 4: Start construction, correct? Okay. Yeah, we haven't you know, as you know, you're in the area. I haven't seen any any real dirt turning and moving. And so I'm wondering if a lot of this is speculative.
Speaker 1: Yeah. No, I mean, we're not a speculative developer. Yeah. We've really, really been focused on finding areas in top areas that that's that's really the plan, the areas that are going to use density and promote public transit. And we just think that that we can have lower price points, but we can also build in the affordable aspect
Speaker 0: . Yeah. Thank you. Thank you. Councilman Brooks. Councilwoman Ortega.
Speaker 3: Councilman Brooks asked my questions. Thank you.
Speaker 0: Thank you. All right. Seeing no other questions. The public hearing for Council 18 Dash 1540 is closed. Are there comments by members of council? Councilman Brooks. All right. See no other comments. I'll again say thank you to the staff for putting together a comprehensive staff report. I think it's clear that this meets the legal criteria for rezoning, and I will be supporting tonight. Madam Secretary, Roll Call.
Speaker 2: Black Eye Brooks.
Speaker 4: Hi.
Speaker 2: Flynn.
Speaker 1: Hi.
Speaker 2: Herndon Cashman. I can reach Lopez. I knew Ortega. I assessment I. Mr. President.
Speaker 0: All right. Madam Secretary, please close voting. Announce the results. 1111 eyes constable 18 dash 1540 has passed. Councilman Flynn, will you please put council bill 18 does 1541 on the floor?
A bill for an ordinance changing the zoning classification for 4055 Elati Street in Globeville.
Approves an official map amendment to rezone property from I-A UO-2 to C-MX-8 (industrial to urban center, mixed-use), located at 4055 Elati Street in Council District 9. The Committee approved filing this item at its meeting on 1-15-19.