[Deffner, Jim]

Bonita,

 

Please forward this to your SCPNA email list. Also please include Albus Brooks. If you have a later version of the MOU please attach it. Thank you.

 

All,

 

This Wednesday SCPNA will be holding a very important vote. It regards supporting or opposing the rezoning of 5 residential properties on the 1500 blocks of Monroe and Garfield for commercial use.

 

The current proposed plan calls for a Sunflower Market. Sunflower has agreed to an initial 5 year financial commitment to the site. After 5 years they can terminate the remainder of their lease but the rezoned property will stay commercial allowing for any uses of that property that are allowed under commercial zoning.

 

To mitigate the impact of the zoning change on the immediate neighbors and on the extended neighborhood periphery SCPNA has been involved in negotiations with Rosen Properties, Sunflower and Evergreen developments. This negotiation has been going on for approximately 3 months and has produced the attached MOU, (memorandum of understanding).

 

Many of us that have been involved in the negotiations feel that key areas of concern have not been addressed adequately or have been excluded from consideration. Below are some of the major points that are outstanding: (I have included some comments in blue that I believe to be worthy of consideration).

 

• Sunflower will not agree to any limitation on their hours of operation. In effect they retain the right to keep the grocery open 24/7. Many of us on Garfield and Monroe are concerned about the clientele and traffic that will hit the neighborhood when the bars close if Sunflower expands their hours of operation. This is an urban environment with many bars, restaurants and the Bluebird theater. I think the prospect of a 24/7 operation is real.
• The developers will not agree to limit any further intrusions into residential space, nor will they agree to any restrictions on development in the National Jewish Parking lot between Garfield and Jackson.  Obviously Sunflower is meant to be anchor tenant, we like to know what other types of businesses the market may anchor. Rosen Properties will not accept any limitations beyond Denver city code which is wide open for businesses fronting Colfax.
• Traffic mitigation: Other than a no left turn sign when exiting onto Garfield or a no right turn sign when exiting onto Monroe, no serious traffic mitigation measures are included. The developers have told us that is our issue. They will not oppose anything we can get done but will not take ownership for this. This dumps onto the neighborhood an important concern and makes traffic mitigation efforts our responsibility. It's troubling that they will work with the city to reroute an alleyway but they will not include curb cuts and other measures to keep market traffic out of the neighborhood. In effect Garfield, Monroe and to some extent Madison will be the major conduits for traffic to and from the market for their customers located north of the Market.  
• We have no detailed site plan to review. From construction materials to border walls to landscaping the MOU is deliberately vague on specifics despite numerous requests on our part for specifics. How well will this be done is a major question mark that will affect the aesthetics of the neighborhood for a long time. Details belong in the MOU.
• No measures for pest controls prior to demolition of the existing properties. Despite the relatively minor expense Rosen Properties/Evergreen will not agree to any inspection or extermination efforts prior to demo. This despite the fact that we can be reasonably sure that any nuisance animals, from mice to pigeons to bats will migrate from those properties to the adjoining residences. This issue is very indicative of the overall lack of concern for the immediate neighbors. 
• Construction hours from 7am to 7pm daily with 8am to 3pm on Saturdays. Too disruptive and too long. Again in my view this represents a disregard for the neighbors. 
•  The 5 residential properties are being taken for parking. How many residences would need to go if Rosen/Sunflower would utilize their National Jewish lot for overflow parking? I hate the idea we are giving up residential zoning for parking spaces, especially when Rosen owned parking is plentiful across Garfield.

These are a few of the issues that irk the immediate neighbors that the developers have refused to consider or not satisfactory addressed in the attached MOU. At the end of the day the MOU is the neighborhood's only leverage on the design and operational aspects of this project. It is important that our concerns are included in that document and not subject to future consideration or vague promises.

 

I would ask all SCPNA members to consider those of us who border or live in close proximity to the proposed market and to attend Wednesday's meeting.

 

Thanks.

 

Jim Deffner

1550 Garfield

  

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[Tom Morris]

Jim et al,
Are you assembling your protest?  I am in protest area and have not been contacted.
 

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From: Jim.D...@twtelecom.com
To: bla...@earthlink.net
CC: da...@lichtensteinlaw.com; bekka...@yahoo.com; John.S...@cu.edu; jim...@gmail.com; mapa...@yahoo.com; 1500-block-o...@googlegroups.com
Subject:
Date: Mon, 16 Jan 2012 22:17:20 +0000

[Deffner, Jim]

Bonita,

 

What's the problem with communicating this out ahead of time? I think it would be beneficial to increase awareness among our membership that there are issues remaining and just maybe give those of us that don't support the MOU "as is" more support at the meeting.

 

Please call me to discuss. 303-898-0362.

 

Thanks.

 

 

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From: Bonita Lahey [mailto:bla...@earthlink.net]
Sent: Monday, January 16, 2012 9:41 PM
To: Deffner, Jim
Cc: Dave Lichtenstein; Becca Feiner; John Sleeman; Jim and Michelle Ray; Marjorie Parkis; 1500-block-o...@googlegroups.com
Subject: Re:

Jim, I believe perhaps you should read this statement at our meeting on Wednesday.

[Deffner, Jim]

Tom,

 

I guess I need to see if the edge neighbors or 200 foot club has sufficient interest in pursuing a legal protest. Right now I only know of three households other than me that are willing to sign. If there are any others I'd be happy to circulate the document this weekend. Attached is the information. Let me know via email if you are willing to sign and if you know any neighbor who would likely do so.. If we can get more households to commit I'm willing to go door to door this weekend to try and get additional signatures. We are going to need at least 15 households to sign up given rentals and Rosen's holdings. Our deadline is noon on Monday to submit.

 

Attached is the information.

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From: 1500-block-o...@googlegroups.com [mailto:1500-block-o...@googlegroups.com] On Behalf Of Tom Morris
Sent: Monday, January 16, 2012 7:04 PM
To: 1500-block-o...@googlegroups.com
Subject: RE:

[Deffner, Jim]

All,

 

Bonita didn't think it was fair to send out  my concerns to the membership at large as she had turned down other requests in the past. She did post them on the website. I was hoping to create some awareness that we have some important issues that are not being addressed in the MOU and maybe spur a few people to attend or think about this project beyond having a more convenient place to shop.

 

Anyway I really hope I will see all of you at the meeting tonight. This is our last chance to impact the process. We need to be there, be vocal and make sure the membership at large understands our concerns.

 

Thanks.

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From: 1500-block-o...@googlegroups.com [mailto:1500-block-o...@googlegroups.com] On Behalf Of Deffner, Jim
Sent: Tuesday, January 17, 2012 11:08 AM
To: 1500-block-o...@googlegroups.com
Cc: Barbara FORD; Megan Smith
Subject: RE: RE:

[Kathy Welsh]

I am within the Edge Neighbor (200 ft club) borders and do not wish to sing this protest.

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From: Jim.D...@twtelecom.com
To: 1500-block-o...@googlegroups.com
CC: barbar...@msn.com; megan...@anthem.com
Subject: RE: RE:
Date: Tue, 17 Jan 2012 18:08:20 +0000

--Forwarded Message Attachment--
From: Ellen.I...@denvergov.org
To: Jim.D...@twtelecom.com
CC: Tina.A...@denvergov.org; Gretchen...@denvergov.org
Subject: RE: rezoning request 2011I-00020: 1532-1540 Monroe St. / 1551 Garfield St.
Date: Wed, 21 Dec 2011 20:28:55 +0000

Attached are the map, forms and instructions for filing a legal protest regarding the rezoning noted above.  Please note that no signatures may be obtained until after the bill is ordered published on Jan. 3 and the petitions must be submitted to City Council at least 7 days prior to the public hearing and final reading on Jan. 30.  I will be out of the office for the next week; please refer any questions about the legal protest process to Tina Axelrad during that time.

 

Ellen

ellen.i...@denvergov.org

 

From: Ittelson, Ellen T. - Community Planning and Development
Sent: Friday, December 16, 2011 1:52 PM
To: 'Deffner, Jim'
Subject: RE: rezoning request 2011I-00020: 1532-1540 Monroe St. / 1551 Garfield St.

 

We can provide the map and forms for you.  You cannot collect any signatures until after the bill is published following first reading.  Currently first reading is scheduled for January 3.  The date will not be certain until the bill moves out of committee and committee will be Dec. 20.

 

Ellen

ellen.i...@denvergov.org

 

From: Deffner, Jim [mailto:Jim.D...@twtelecom.com]
Sent: Friday, December 16, 2011 10:30 AM
To: Ittelson, Ellen T. - Community Planning and Development
Subject: RE: rezoning request 2011I-00020: 1532-1540 Monroe St. / 1551 Garfield St.

 

Ellen,

 

Is there someone or someplace else I should direct my inquiries?

 

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From: Deffner, Jim
Sent: Friday, December 09, 2011 12:02 PM
To: Ittelson, Ellen T. - Community Planning and Development
Subject: RE: rezoning request 2011I-00020: 1532-1540 Monroe St. / 1551 Garfield St.

Hi Ellen,

 

I understand the planning board has made a recommendation to council. Is now the appropriate time to circulate a legal protest? If so can you provide map and forms? Thank you.

 

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From: Ittelson, Ellen T. - Community Planning and Development [mailto:Ellen.I...@denvergov.org]
Sent: Tuesday, November 22, 2011 9:27 AM
To: Deffner, Jim
Subject: RE: rezoning request 2011I-00020: 1532-1540 Monroe St. / 1551 Garfield St.

The schedule cannot be finalized until Planning Board makes its recommendation to City Council.  First reading is likely to be in early to mid January.

 

Ellen

ellen.i...@denvergov.org

 

From: Deffner, Jim [mailto:Jim.D...@twtelecom.com]
Sent: Tuesday, November 22, 2011 9:24 AM
To: Ittelson, Ellen T. - Community Planning and Development
Subject: RE: rezoning request 2011I-00020: 1532-1540 Monroe St. / 1551 Garfield St.

 

Thank Ellen. Any idea when the applicable bill will be published and the application finalized. If not where would we source that information?

 

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From: Ittelson, Ellen T. - Community Planning and Development [mailto:Ellen.I...@denvergov.org]
Sent: Monday, November 21, 2011 8:01 AM
To: Deffner, Jim
Subject: RE: rezoning request 2011I-00020: 1532-1540 Monroe St. / 1551 Garfield St.

Please see section 12.4.10.11 of the Denver Zoning Code.  Legal protests cannot be signed until a bill is ordered published at first reading of City Council.  CPD can provide you with a map showing the properties that could be included in the area: 20 percent of the total land area within 200 feet of the perimeter of the property to be rezoned.  The map can be produced once the application is finalized.

 

Ellen

ellen.i...@denvergov.org

 

From: Deffner, Jim [mailto:Jim.D...@twtelecom.com]
Sent: Sunday, November 20, 2011 1:17 PM
To: Ittelson, Ellen T. - Community Planning and Development
Subject: RE: rezoning request 2011I-00020: 1532-1540 Monroe St. / 1551 Garfield St.

 

Hi Ellen,

 

I understand you are the case manager on this rezoning proposal. Pending negotiations with the developer the majority of immediate neighbors are considering filing a legal protest against this proposal. Can you advise us on the following:

 

1. How many signatures from property owners are required to qualify for a legal protest?

2. What properties fall within the boundaries of the proposed development to qualify as petitioners?

3. Where can we get the necessary forms?

4. Who can we talk with in the planning department for advice?

5. Where can we find guidelines around filing a legal protest?

6. What results occur if our legal protest is validated and how does that bear upon the rezoning process?

 

Thanks for your help on this.

 

2011I-00020: 1532-1540 Monroe St. / 1551 Garfield St.

 

 

 

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