Official Zoning Map Amendment Application #2018I-00075

Transcription

1 Community Planning and Development Planning Services 201 W. Colfax Ave., Dept. 205 Denver, CO p: f: TO: Denver Planning Board FROM: Scott Robinson, Senior City Planner DATE: January 2, 2019 RE: Official Zoning Map Amendment Application #2018I Staff Report and Recommendation Based on the criteria for review in the Denver Zoning Code, Staff recommends approval for Application #2018I Request for Rezoning Address: Neighborhood/Council District: Globeville / Council District 9 RNOs: UCAN; Globeville Civic Association #2; Globeville Civic Partners; North Highlands Neighbors Association; Elyria Swansea/ Globeville Businesses Association; Globeville K.A.R.E.S.; Inter- Neighborhood Cooperation (INC) Area of Property: 2.7 acres Current Zoning: I-B UO-2 Proposed Zoning: C-MX-20 UO-2 Property Owner(s): Wagner Equipment CO Owner Representative: Jeanne Shaffer, Groundwork Entitlement Summary of Rezoning Request The subject property is in the 41 st and Fox station area. Specifically, it is located along 38 th Avenue and bordered by Galapago Street to the East, and the BNSF/RTD train tracks to the West. The property is currently occupied by Wagner Equipment CO which utilizes the site for the rental and storage of heavy duty construction equipment and vehicles. The applicant is requesting the rezoning to better align with the City & County of Denver s longterm plans for the 41 st & Fox station area and position the property for potential redevelopment. The C-MX-20 (Urban Center, Mixed Use, 20 story) zone district allows a wide range of commercial, civic/institutional, and residential primary uses in the General, Shopfront, and Town House building forms. Drive Thru building forms would not be allowed at the subject location because it is less than ¼-mile from the 41 st and Fox transit station. Further details of the zone districts can be found in Article 7 of the Denver Zoning Code (DZC). The applicant s request includes maintaining the Billboard Use Overlay, UO-2, on the property.

2 Rezoning Application #2018I January 2, 2019 Page 2

3 Rezoning Application #2018I January 2, 2019 Page 3 Existing Context The subject property is in the Globeville neighborhood, just northwest of the Fox St./38 th Ave./Park Ave./I-25 interchange. It is part of an approximately 164-acre portion of the Globeville neighborhood that is separated from other parts of Globeville and other nearby neighborhoods by Interstates 25 and 70 to the north, east and south, and rail facilities (BNSF and RTD) to the west. Recent rezonings suggest this area is transitioning from an industrial context to an urban center neighborhood context consistent with the Station Area Plan vision, adopted in The site can be accessed by vehicles via 38 th Avenue and Fox Street or West 44th Avenue to the east. In addition, a recently-constructed bridge provides bicycle and pedestrian access to the Sunnyside neighborhood with a multi-use path along Inca Street connecting into the South Platte River Trail. The subject property is located about 800 feet from the 41st and Fox station which will be served by the G Line. The following table summarizes the existing context proximate to the subject site: Existing Zoning Existing Land Use Site I-B UO-2 Industrial Existing Building Form/Scale 3 industrial buildings, 1-2 stories in height, mixed depth of setbacks from 38 th Avenue and Galapago Street Existing Block, Lot, Street Pattern A limited orthogonal grid extends along Fox Street from 38 th Ave. to 44 th Ave. The grid is limited by the rail

4 Rezoning Application #2018I January 2, 2019 Page 4 Existing Zoning Existing Land Use North C-MX-20 Vacant N/A South I-B UO-2 Right-of-way East C-MX-20 / C- MS-12 Industrial, Commercial/Retail, Parking West I-B UO-2 Rail right-of-way N/A Existing Building Form/Scale Undeveloped land south of 38 th Avenue for the I- 25 Interchange flyover Mix of industrial and commercial buildings; 1-2 stories; supportive parking for adjacent uses. Varied setbacks from Fox Street and Galapago Street. Existing Block, Lot, Street Pattern corridor to the west, I- 25 to the south and east, and by large industrial sites and I- 70 to the north. The area has limited access from other neighborhoods, including 44 th Ave. from the southeast portion of Globeville, 38 th Ave. from the Sunnyside neighborhood (west), and Fox Street to Park Avenue that provides direct access to downtown. 1. Existing Zoning

5 Rezoning Application #2018I January 2, 2019 Page 5 The existing zoning on the subject property is I-B UO-2. I-B is a general industrial zone district in the Industrial Context. It allows office, business, and intensive industrial uses. Residential uses are only permitted where an existing residential structure existed prior to July 1, The General and Industrial building forms are allowed in the I-B zone district and building mass is regulated by a maximum Floor Area Ratio of 2.0. No maximum building height is specified for the zone district except for when a site is within 175 feet of a Protected District, in which case the maximum permitted building height is 75 feet. There are no build-to requirements, transparency requirements, or street level activation standards in the I-B zone district. Surface parking is permitted between the building and primary and side streets. See DZC Division 9.1. The UO-2 Billboard Use Overlay allows for outdoor general advertising device signs (i.e. billboards) within the applicable area. Additional standards and limitations regarding minimum separation and distance requirements also apply. There are currently no billboards on the subject site, but the applicant is proposing to maintain the UO-2 overlay on the property. See DZC Section

6 Rezoning Application #2018I January 2, 2019 Page 6 2. Existing Land Use Map

7 Rezoning Application #2018I January 2, 2019 Page 7 3. Existing Building Form and Scale Site from 38 th Ave. North from 39th Ave. East from Galapago St. South from 38 th Ave. Source: Google Maps West from Inca St.

8 Rezoning Application #2018I January 2, 2019 Page 8 Summary of City Agency Referral Comments As part of the DZC review process, the rezoning application is referred to potentially affected city agencies and departments for comment. A summary of agency referral responses follows: Assessor: Approved No Response Asset Management: Approved No Comments Denver Public Schools: Approved No Response Department of Public Health and Environment: Approved See Comments Below: Notes. Denver Department of Public Health & Environment (DDPHE) concurs with the rezoning but recommends that surface and subsurface soil at the site be evaluated to confirm its suitability for future planned uses. DDPHE has information to indicate that past petroleum releases occurred at locations to the east, northeast and north of the site and the site and surrounding area have historically been utilized for industrial uses. For example, the former Texaco Bulk Plant occupied the adjacent location to the north (currently addressed as 689 West 39th Avenue and 700 West 40th Avenue) where the Colorado Department of Public Health and Environment (CDPHE) issued in June 2008 an environmental covenant for that site that prohibited all uses, except for industrial. This environmental covenant was revised in February of 2016; the current environmental covenant (HMCOV00049) removed the restriction on industrial uses only, but continues to prohibit the use of groundwater at 689 West 39th Ave and 700 West 40th Avenue. Additionally, the site is within Operable Unit 1 of the VB-I70 Superfund Site where elevated levels of metals in soil may exist. General Notes: Most of Colorado is high risk for radon, a naturally occurring radioactive gas. Due to concern for potential radon gas intrusion into buildings, DEH suggests installation of a radon mitigation system in structures planned for human occupation or frequent use. It may be more cost effective to install a radon system during new construction rather than after construction is complete. Denver s Noise Ordinance (Chapter 36 Noise Control, Denver Revised Municipal Code) identifies allowable levels of noise. Properties undergoing Re-Zoning may change the acoustic environment, but must maintain compliance with the Noise Ordinance. Compliance with the Noise Ordinance is based on the status of the receptor property (for example, adjacent Residential receptors), and not the status of the noise-generating property. Violations of the Noise Ordinance commonly result from, but are not limited to, the operation or improper placement of HV/AC units, generators, and loading docks. Construction noise is exempted from the Noise Ordinance during the following hours, 7am 9pm (Mon Fri) and 8am 5pm (Sat & Sun). Variances for nighttime work are allowed, but the variance approval process requires 2 to 3 months. For variance requests or questions related to the Noise Ordinance, please contact Paul Riedesel, Denver Environmental Health ( ). Scope & Limitations: DEH performed a limited search for information known to DEH regarding environmental conditions at the subject site. This review was not intended to conform to ASTM standard practice for Phase I site assessments, nor was it designed to identify all potential environmental conditions. In addition, the review was not intended to assess environmental conditions for any potential right-of-way or easement conveyance process. The City and County of Denver provides no representations or warranties regarding the accuracy, reliability, or completeness of the information provided.

9 Rezoning Application #2018I January 2, 2019 Page 9 Denver Parks and Recreation: Approved No Response Public Works ROW - City Surveyor: Approved No Comments Development Services - Transportation: Approved No Response Public Works Wastewater: Approved See Comments Below: DS Wastewater approves the subject zoning change. The applicant should note that redevelopment of this site may require additional engineering including preparation of drainage reports, construction documents, and erosion control plans. Redevelopment may require construction of water quality and detention basins, public and private sanitary and storm sewer mains, and other storm or sanitary sewer improvements. Redevelopment may also require other items such as conveyance of utility, construction, and maintenance easements. The extent of the required design, improvements and easements will be determined during the redevelopment process. Please note that no commitment for any new sewer service will be given prior to issuance of an approved SUDP from Development Services. Development Services Project Coordination: Approved No Response Development Services Fire Prevention: Approved No Response Public Review Process CPD informational notice of receipt of the rezoning application to all affected members of City Council, registered neighborhood organizations, and property owners: Property legally posted for a period of 15 days and CPD written notice of the Planning Board public hearing sent to all affected members of City Council, registered neighborhood organizations, and property owners: Date 9/27/ /24/2018 Planning Board Hearing: 1/9/2019 CPD written notice of the Land Use, Transportation and Infrastructure Committee meeting sent to all affected members of City Council and registered neighborhood organizations, at least ten working days before the meeting (tentative): 1/18/2019

10 Rezoning Application #2018I January 2, 2019 Page 10 Land Use, Transportation and Infrastructure Committee of the City Council review (tentative): 1/29/2019 Property legally posted for a period of 21 days and CPD written notice of the City Council public hearing sent to all affected members of 2/18/2019 City Council and registered neighborhood organizations (tentative): City Council Public Hearing (tentative): 3/11/2019 o o Registered Neighborhood Organizations (RNOs) To date, no comment letters have been received from Registered Neighborhood Organizations. Other Public Comment To date, no other comment letters have been received. Criteria for Review / Staff Evaluation The criteria for review of this rezoning application are found in DZC, Sections and , as follows: DZC Section Consistency with Adopted Plans 2. Uniformity of District Regulations and Restrictions 3. Public Health, Safety and General Welfare DZC Section Justifying Circumstances 2. Consistency with Neighborhood Context Description, Zone District Purpose and Intent Statements 1. Consistency with Adopted Plans The following adopted plans apply to this property: Denver Comprehensive Plan 2000 Blueprint Denver (2002) 41 st and Fox Station Area Plan (2009) Globeville Neighborhood Plan (2014) Denver Comprehensive Plan 2000 The proposal is consistent with many Denver Comprehensive Plan strategies, including: Environmental Sustainability Strategy 2-F Conserve land by: promoting infill development within Denver at sites where services and infrastructure are already in place; designing mixeduse communities and reducing sprawl, so that residents can live, work and play within their own neighborhoods; creating more density at transit nodes. (p. 39)

11 Rezoning Application #2018I January 2, 2019 Page 11 Environmental Sustainability Strategy 4-A Promote the development of sustainable communities and centers of activity where shopping, jobs, recreation and schools are accessible by multiple forms of transportation, providing opportunities for people to live where they work. (p. 41) Land Use Strategy 3-B Encourage quality infill development that is consistent with the character of the surrounding neighborhood; that offers opportunities for increased density and more amenities; and that broadens the variety of compatible uses. (p. 60) Land Use Strategy 4-A - Encourage mixed-use, transit-oriented development that makes effective use of existing transportation infrastructure, supports transit stations, increases transit patronage, reduces impact on the environment, and encourages vibrant urban centers and neighborhoods. (p. 60) Mobility Strategy 4-E Continue to promote mixed-use development, which enables people to live near work, retail and services. (p. 78) Denver s Legacies Strategy 3-A Identify areas in which increased density and new uses are desirable and can be accommodated. (p. 99) The proposed map amendment would allow for mixed-use infill development near the new 41 st and Fox station for the RTD G Line, which will provide high-quality transit service to downtown Denver, Arvada, and Wheat Ridge. The new transit station provides an opportunity to transform the area around it into a dense, mixed-use neighborhood. The proposed C-MX-20 UO-2 zoning would allow a range of appropriate uses at an intensity consistent with the desire for dense, walkable, mixed-use neighborhoods around transit expressed in Comprehensive Plan Blueprint Denver According to the 2002 Plan Map adopted in Blueprint Denver, this site has a concept land use of Transit Oriented Development and is located in an Area of Change. Future Land Use Transit Oriented Development areas offer an alternative to traditional development patterns by providing housing, services, and employment opportunities for a diverse population in a configuration that facilitates pedestrian and transit access (p. 44). Common attributes of Transit Oriented Developments include a balanced mix of uses (residential, retail, office, entertainment, public facilities and others); compact mid- to high-density development; and attractive, multistory buildings facing the station and adjacent streets (p. 44). The proposed C-MX-20 UO-2 zone district would allow a wide range of residential, commercial, and institutional uses at a high density. The zone districts in the Urban Center context also include build-to and transparency requirements to ensure buildings appropriately address the street, consistent with the plan recommendations. Area of Change / Area of Stability As noted, the site is in an Area of Change. In general, The goal for Areas of Change is to channel growth where it will be beneficial and can best improve access to jobs, housing and services with fewer and shorter auto trips (p. 127). The proposed C-MX-20 UO-2 zoning would allow additional development near a transit station, supporting jobs, housing, and services with less reliance on automobiles, consistent with the goals of Blueprint Denver.

12 Rezoning Application #2018I January 2, 2019 Page 12 Street Classifications The site is served by Galapago Street and 39 th Avenue, which are classified by Blueprint Denver as Undesignated Local streets. The plan describes local streets as influenced less by traffic volumes and tailored more to providing local access. Mobility on local streets is typically incidental and involves relatively short trips at lower speeds to and from other streets (p. 51). The site is adjacent to 38 th Avenue, which is classified as a Mixed-Use Arterial, but it does not does not have direct access to it. According to the plan, Mixed-use streets are located in high-intensity mixed-use commercial, retail and residential areas with substantial pedestrian activity (p. 57). The plan describes Arterial streets as being designed to provide a high degree of mobility and generally serve longer vehicle trips to, from, and within urban areas. Denver s arterial system interconnects major urban elements such as the central business district, employment centers, large urban and suburban commercial centers and residential neighborhoods. (p. 51). The proposed C-MX-20 UO-2 zoning would allow intense mixed-use development that would be appropriate for mixed-use arterial streets, but under certain circumstances, would not be appropriate for Local streets. However, the subject property is near the 41 st and Fox transit station which will soon serve the area with high-capacity transit. In addition, the site is one block from Fox Street, which is an arterial and connects to 38 th Avenue and Park Avenue, also both major arterials, and Interstate 25. While connectivity to the citywide street network is limited, the city is taking steps to limit the traffic generated in the area around the 41 st and Fox station and to improve transportation connections into and out of the area. These include the recent adoption of CPD and Public Works rules and regulations which require transportation demand management plans and manage vehicle trip capacity in this area. The local streets adjacent to the subject site will connect the property to the broader multimodal transportation network, consistent with the

13 Rezoning Application #2018I January 2, 2019 Page 13 recommendations of the plan. The proposed C-MX-20 UO-2 zoning is consistent with the concept land use, area of change, and street type recommendations of Blueprint Denver. 41 st and Fox Station Area Plan The 41 st and Fox Station Area Plan was adopted by City Council in 2009 and applies to the subject property. The plan focuses on the long-term redevelopment of the area east of the railroad tracks to create a complete, transit-friendly neighborhood (p. viii). Primary goals for the station area are as follows (p. vii): Improve pedestrian connections to the station, between neighborhoods, and along major corridors Create opportunities to add more housing, jobs and services to the station area Incorporate plazas, parks and open space into redevelopment areas Capitalize on the station area s proximity to Downtown and location on the Gold Line and Northwest Rail corridors Balance the needs of new development and existing uses Key elements of the plan concept include the following (p. viii): Development of a high intensity activity node close to the station on the east side Capture views of Downtown and buffer the station area by locating taller structures along I- 25 and I-70 The subject property is designated as Mixed-Use Office/Residential (3-20 stories) in the Land Use Plan. According to the plan, these areas are intended for a sizeable employment base as well as housing and may include a wide variety of uses including hotels and lodging (p. 15). The plan also states because these mixed-use developments are within the transit oriented development area, form of the buildings and pedestrian orientation are very important (p. 15). The 41 st and Fox Station Area Plan also includes urban design recommendations, including that the ground floors of buildings in all areas should contain the following elements: prominent, street facing entries, extensive ground floor windows and frequent entrances, pedestrian scaled facades, awnings to protect pedestrians and mark entrances, and building entrances that meet the sidewalk (p. 18). The plan also calls for buildings edges to be brought to the sidewalk with minimal setbacks (p. 18). The subject property has three existing structures the plan indicates are historically significant, which the plan recommends should be incorporated into future redevelopment by drawing design inspiration from the area s industrial character (p. 18). The structures are not designated for landmark preservation. The proposed C-MX-20 UO-2 zone district would allow a wide mix of uses including office, retail, residential, and lodging, in buildings up to 20 stories in height, consistent with the plan s land use recommendations. The proposed zone district also includes significant build-to and transparency requirements, ensuring development would meet the design and pedestrian-friendliness recommendations of the plan. If and when demolition of the existing structures is proposed by the property owner or a developer, they will be subject to the demolition review process administered by the Landmark Preservation division.

14 Rezoning Application #2018I January 2, 2019 Page 14 The plan includes mobility infrastructure recommendations intended to ensure the area can accommodate the growth called for in the plan (p. 20). Some of these recommendations have been completed, such as the multi-use path connecting across 38 th Avenue to the South Platte River Trail and the new pedestrian bridge over the railroad tracks at the station. Some recommendations have not been completed, such as the proposed new street connection across the railroad tracks at 44 th Avenue or 46 th Avenue. With the RTD G Line opening soon and the proposed Rules & Regulations relating to parking and trip capacity currently under development, the potential development from the proposed C-MX-20 UO-2 zone district would be adequately accommodated by the transportation system and the proposed map amendment is consistent with the 41 st and Fox Station Area Plan.

15 Rezoning Application #2018I January 2, 2019 Page 15 Globeville Neighborhood Plan The Globeville Neighborhood Plan was adopted by City Council in 2014 and overlaps with the boundary of the 41 st and Fox Station Area Plan on the subject site. The Globeville Neighborhood Plan reinforces the land use and building height recommendations established in the 41 st and Fox Station Area Plan. It sets forth the following vision for this area of Globeville: The 41st and Fox Station will develop over the coming decades into the focal point of a diverse, transit supportive, and environmentally sustainable urban center. Many new residents and businesses will be drawn to the convenient location close to downtown and near some of Denver s most vibrant urban neighborhoods (p. 15). The Globeville Plan specifies that the concept land use and building height recommendations in this plan are intended to be fully consistent with the 41st and Fox Station Area Plan. Should any inconsistencies be found, please refer to the adopted Station Area Plan for the official Plan guidance (p.34). In the Strong section of the Plan, the 41 st and Fox Station area is identified as an opportunity site to create a broad base of new jobs in diverse economic sectors by redeveloping opportunity sites throughout the neighborhood (p. 44). As described above the proposed C-MX-20 UO-2 zone district is consistent with the recommendations of the 41 st and Fox Station Area Plan, which are reinforced in the Globeville Neighborhood Plan. The proposed rezoning would facilitate the redevelopment of the subject site and allow a wide mix of uses, strengthening the economy of the area consistent with the Globeville Neighborhood Plan recommendations. 2. Uniformity of District Regulations and Restrictions The proposed rezoning to C-MX-20 UO-2 will result in the uniform application of zone district building form, use and design regulations. 3. Public Health, Safety and General Welfare The proposed official map amendment furthers the public health, safety, and general welfare of the City primarily through implementation of the city s adopted land use plan. The proposed zone district enhances the pedestrian experience through improved building design standards including transparency, build-to, and street level active uses. The proposed rezoning would also facilitate the redevelopment of the property and investment in the neighborhood, enhancing the safety and welfare of the area and concentrating housing and services near transit. The traffic safety impacts of future development will be mitigated through strategies outlined above. 4. Justifying Circumstance The application identifies several changes as the Justifying Circumstance under DZC Section A.4, Since the date of the approval of the existing Zone District, there has been a change to such a degree that the proposed rezoning is in the public interest. The city adopted the Globeville Neighborhood Plan in 2014, after the current zoning was put in place in 2010, meeting subsection b of the criterion. In addition, there are changing conditions in the area, with the construction of the 41 st and Fox Station, the improved pedestrian and bicycle connections, and new retail development at 39 th

16 Rezoning Application #2018I January 2, 2019 Page 16 Avenue and Fox Street. These changing conditions, along with the recently adopted neighborhood plan, justify the rezoning to serve the public interest. 5. Consistency with Neighborhood Context Description, Zone District Purpose and Intent Statements The proposed C-MX-20 UO-2 zone district is within the Urban Center Neighborhood Context. The neighborhood context generally consists of multi-unit residential and mixed-use commercial strips and commercial centers (DZC, Division 7.1). While the area around the subject property does not currently fit the description of the Urban Center context, the future intent for the area, as described in the plans mentioned above, is for a mixed-use center consistent with that neighborhood context description. The proposed zone district of C-MX-20 UO-2 would allow development consistent with that vision and is therefore appropriate. According to the zone district intent stated in the Denver Zoning Code, the C-MX-20 district is intended to promote safe, active, and pedestrian-scaled, diverse areas through the use of building forms that clearly define and activate the public street edge (DZC Section A) and for areas or intersections served primarily by major arterial streets where a building scale of 3 to 20 stories is desired (DZC Section F). Though the subject property does not have direct access to an arterial street, it is served by arterials including Fox Street, one block to the east, which gives direct access to 38 th Avenue and Park Avenue both of which are major arterials and Interstate 25. The proposed C-MX-20 zone district would facilitate the development of an active and diverse urban center, consistent with the purpose and intent of the zone district. Attachments 1. Application

17 acres 2018I September 25th, 2018 $2000 fee pd CC

18 2018I September 25th, 2018 $2000 fee pd CC

19 2018I September 25th, 2018 $2000 fee pd CC

20 Rezoning Review Criteria Analysis - Map Amendment Application Number: 2018I October 19, 2018 (amd.) September 17, 2018 (org.) We represent the property owner, Wagner Equipment Co, who wishes to rezone their property at 805 W. 38 th Avenue from I-B, UO-2 to C-MX-20, UO-2. The letter includes information on the property, the proposed rezoning, and an analysis of the review criteria. Property Description The subject property is generally located in the northwest corner of W. 38 th Avenue and Fox Street. The property takes access from W. 39 th Avenue and Galapago Street. The property consists of approximately acres and is currently used as offices and storage yard for Wagner Rents. There are three buildings on the property; one two-story building, and two one-story buildings. The two-story building was constructed in Primary access to the property is taken from W. 39 th Avenue, but the property has frontage on W. 38 th Avenue. A ROW vacation request was submitted in March 2018, case number 2018-VACA The ROW vacation request includes two portions of the westerly ROW for Galapago Street. We understand from City Staff, that if the ROW vacation is approved and the rezoning request is approved, then the vacated ROW will be designated as the same zone district as the subject property. Rezoning/Map Amendment Request: The current zoning is I-B, UO-2. The proposed zoning is C-MX-20, UO-2. The total area to be rezoned is acres. At this time, there are no plans for redevelopment of the property. The property owner would like to rezone the property to encourage redevelopment opportunities. The property owner would like to retain the UO- 2 Billboard Use Overlay District. Maintaining the UO-2 overlay will provide a potential future revenue source on the site which is consistent with the economic development principles outlined in the Denver Comprehensive Plan Additionally, the property abuts W. 38 th Avenue to the south, a major arterial roadway and is in close proximity to I-25 for increased visibility. On W. 38 th Avenue between Osage and Inca Street, many properties have retained the UO-2 overlay with their new zoning designation from the new code. The owners would like to retain the UO-2 overlay given that the location of the property is well suited for this overlay and the construction of a billboard would not be out of character with existing development along W. 38 th Avenue. General Review Criteria 1. Consistency with Adopted Plans a. Denver Comprehensive Plan 2000 The Denver Comprehensive Master Plan seeks to manage growth and change through effective land use policies that address housing, employment, connectivity, mobility, preservation and enhancement of neighborhoods, and focus on transit-oriented development. The plans listed and analyzed below were created to further the goals of the Denver Comprehensive Plan. The proposed rezoning fulfills the focus of the plan recommendations to create a Transit Oriented Development that provides diverse housing, employment, and mobility opportunities. b. Blueprint Denver Page 1 of 5

21 The subject property is identified as a Transit Oriented Development (TOD) Land Use Concept in Blueprint Denver. The TOD land use concept focuses on development that has a correlated function with mass transit. TODs offer an alternative to traditional development patterns by providing housing, services, and employment opportunities for a diverse population in a configuration that facilitates pedestrian and transit access. The proposed rezoning would allow the subject property to redevelop from an industrial use (not supported by the TOD land use concept) to a development consistent with the TOD land use concept recommendations. The C-MX-20 district allows for a mixture of residential and commercial uses that encourage living and working in close proximity to a transit center. The rezoning proposal will allow land uses that are consistent with the recommendations of Blueprint Denver. c. Globeville Neighborhood Plan The Globeville Neighborhood Plan identifies the subject property as Transit Oriented Development Land Use Concept (TOD). The TOD concept accommodates uses with a direct correlation to the function of a mass transit system and typically located within a half mile walking distance of a transit station. TODs provide housing, services, and employment opportunities that facilitate pedestrian and transit access. The Plan recommends a maximum building height of 20 stories to accommodate mid-to-high rise redevelopment. The C-MX-20 district meets the maximum height recommendations as well as the recommended land use to provide a mixture of housing, services, and employment opportunities. d. 41 st and Fox Station Area Plan The 41 st and Fox Station Area Plan focuses on the development of the area as a diverse and transit supportive urban center. The plan seeks to improve pedestrian connectivity, create opportunities to add more housing, jobs, and services to the station area, and balance new development with existing uses. The land use concept for the subject property is Mixed-Use Office/Residential (3-20 stories). The proposed C-MX-20 district allow for a mixture of commercial and residential uses at 3-20 stories. The proposed zoning will create a redevelopment opportunity that would allowed the property to be developed in a manner consistent with the goals of the area plan related to providing for housing, jobs, and pedestrian/vehicular connectivity. 2. Uniformity of District Regulations and Restrictions The proposed rezoning will result in uniformity of district regulations and restrictions in accordance with Section (B) of the Zoning Code through the uniform application of the district s building form, use and design regulations. The C-MX-20 district is intended to be a mixed-use zone district that enhance the convenience, ease and enjoyment of transit, walking, shopping, and public gathering. The proposed zone district focuses on creating mixed, diverse neighborhoods for living and working. The C-MX-20 district specifically is intended to be located on major arterial streets; the subject property is adjacent to W. 38 th Avenue. The intent and purpose of the C-MX-20 district fulfills the goals and objectives of the application adopted plans analyzed above. 3. Public Health, Safety, and General Welfare The proposed map amendment implements the Denver Comprehensive Plan 2000, Blueprint Denver, the 41st and Fox Station Plan, and the Globeville Neighborhood Plan by allowing the opportunity for Page 2 of 5

22 redevelopment to provide housing, employment, and transit-oriented uses along with enhance pedestrian and vehicular connectivity. Therefore, the proposed rezoning furthers the public health, safety, and general welfare of the community. Additional Review Criteria 1. Justifying Circumstance: Since the date of the approval of the Existing Zone District, the land or its surroundings has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area to recognize the changed character of the area. The changes in the area include the newly adopted Globeville Neighborhood Plan December The construction of Fox Street Station was completed, encouraging redevelopment in the area. There have been numerous rezoning applications approved in the area, for C-MX-20, C-MX-12, C-MS-12, C-RX-8, C-RX-12, C-MS-8 zone districts. Additionally, while the 41 st and Fox Station Area Plan was adopted prior to the Denver Zoning changes in 2010, the subject property was not rezoned in conformance with the recommended area plan at that time. This was likely due to the existing industrial use on the site and the desire of the City to see how the 41 st and Fox Street area redeveloped over time. The owners of the subject property believe that now is a good time to rezone the property to bring it into conformance with the area plan recommendations. 2. Consistency with Applicable Neighborhood Context and with Stated Purpose and Intent of Proposed Zone District: The proposed official map amendment is consistent with the description of the applicable neighborhood context, and with the stated purpose and intent of the proposed Zone District. The neighborhood context, stated purpose, and intent of the C-MX-20 zone district is outlined below. a. General Character Section 7.1.1: The Urban Center Neighborhood Context consists of multi-unit residential and mixed-use commercial strips and commercial centers. Multi-unit residential uses are typically in multi-story mixed use building forms. Commercial buildings are typically Shopfront and General forms. Multi-unit residential uses are primarily located along residential collector, mixed-use arterial, and local streets. Commercial uses are primarily located along main and mixed-use arterial streets. The subject property is located along a main arterial street (W. 38 th ). The C-MX-20 district will further the recommendations of the adopted plans analyzed above by providing the opportunity for mixed use and multi-modal development within close proximity to transit. b. Street, Block and Access Patterns Section 7.1.2: The Urban Center Neighborhood Context consists of a regular pattern of block shapes surrounded by an orthogonal street grid. Orthogonal streets provide a regular pattern of pedestrian and vehicular connections through this context and there is a consistent presence of alleys. Block sizes and shapes are consistent and include detached sidewalks, tree lawns, street and surface parking, and landscaping in the front setback The rezoning request will provide an opportunity for redevelopment of the subject property to provide street block, and access patterns that are more in keeping with the surrounding street grid. c. Building Placement and Location Section 7.1.3: All building typically have consistent orientation and shallow front setbacks with parking at the rear and/or side of the building. Page 3 of 5

23 The adopted plans encourage development that encourages buildings close to the street for pedestrian activation. The C-MX-20 district will allow the redevelopment of the property to meet the recommendations of the adopted plans and the desired building patterns for this transitoriented area. d. Building Height Section 7.1.4: The Urban Center Neighborhood Context is characterized by moderate to high building heights to promote a dense urban character. Lower scale structures are typically found in areas transitioning to a less dense urban neighborhood. The C-MX-20 district allows for building heights up to 20 stories, which is the height limited recommended by the adopted plans as noted above. e. Mobility Section 7.1.5: There are high levels of pedestrian and bicycle use with the greatest access to multi-modal transportation system. The C-MX-20 district will encourage redevelopment of the property in a manner that can better implement pedestrian and bicycle access within and surrounding the subject property. f. Section F: C-MX-20 applies to areas or intersections served primarily by major arterial streets where a building scale of 3 to 20 stories is desired. The subject property is adjacent to W. 38 th Avenue which is classified as a major arterial street from Sheridan Boulevard to Fox Street. The subject property is also located within close proximity to the major intersection of W. 38 th Avenue and Fox Street and is located less than 500 feet from the 41 st & Fox light rail station. A building scale of 3 to 20 stories is appropriate in this area due to the proximity to a major arterial street, major intersection, and light rail station. The C-MX-20 district will allow dense development that will be compatible with the surrounding vehicular and pedestrian network. The context, purpose, and intent of the C-MX-20 district enables the implementation of the Transit Oriented Development land use recommendations and mobility goals in the Denver Comprehensive Plan 2000, Blueprint Denver, Globeville Neighborhood Plan, and 41 st & Fox Station Area Plan. Public Outreach Public outreach began on July 30 th, with project description mailers provided by or hard copy to the entities listed below. As of the date of this narrative, no responses have been received. City Councilman Albus Brooks Globeville Civic Partners Globeville Civic Association #2 Globeville K.A.R.E.S. North Highlands Neighbors Association Elyria Swansea/Globeville Business Association UCAN Inter-Neighborhood Corporation (INC) Adjacent property owners Page 4 of 5

24 Contact Information (Property Owner Representative): Jeanne Shaffer, AICP, PMP Entitlement Services Director Groundwork Entitlement Services, LLC Phone: John Craig 4Site Advisors 1501 Wazee St, Unit 1C Denver, CO Phone: Property Owner: Wagner Equipment Co Smith Road Aurora, CO Kevin Pomeroy Phone: Page 5 of 5

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34 Legal Descriptions Zone Map Amendment (Rezoning) Total Rezoning Area: acres Property owned by Wagner Equipment Co A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND BEING A PORTION OF BLOCKS 37 AND 44, VIADUCT ADDITION TO DENVER, CITY AND COUNTY OF DENVER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF SECTION 22; THENCE NORTH EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, FEET; THENCE NORTH EAST ALONG THE SOUTH LINE OF BLOCK 44 OF VIADUCT ADDITION TO THE CITY OF DENVER PROJECTED WESTERLY, FEET TO A POINT ON THE EAST LINE OF THE DENVER, UTAH & PACIFIC RAILROAD (NOW BURLINGTON NORTHERN RAILROAD) RIGHT-OF-WAY AS DESCRIBED IN BOOK 607 AT PAGE 230 OF THE RECORDS OF THE CITY AND COUNTY OF DENVER, AND THE POINT OF BEGINNING; THENCE NORTH EAST ALONG SAID EAST LINE OF SAID RAILROAD RIGHT-OF-WAY, FEET; THENCE NORTH EAST, FEET TO A POINT ON THE CENTERLINE OF VACATED GALAPAGO STREET; THENCE SOUTH EAST ALONG SAID CENTERLINE OF VACATED GALAPAGO STREET, FEET TO A POINT ON THE NORTH LINE OF WEST 39TH AVENUE; THENCE NORTH WEST ALONG SAID NORTH LINE OF WEST 39TH AVENUE, FEET TO THE SOUTHEAST CORNER OF BLOCK 37 OF SAID VIADUCT ADDITION; THENCE SOUTH EAST ALONG THE WEST LINE OF SAID GALAPAGO STREET AND THE EAST LINE OF BLOCK 44 OF SAID VIADUCT ADDITION, FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 44; THENCE SOUTH WEST ALONG THE SOUTH LINE OF SAID BLOCK 44, FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED TO THE REGIONAL TRANSPORTATION DISTRICT IN WARRANTY DEED RECORDED OCTOBER 13, 2010 UNDER RECEPTION NO , CITY AND COUNTY OF DENVER, STATE OF COLORADO. TOTAL SURVEYED PARCELS CONTAINS (118,773 SQUARE FEET) ACRES, MORE OR LESS. Zone Map Amendment (Rezoning) 805 W. 38 th Ave Legal Description Page 1 of I September 25th, 2018 $2000 fee pd CC