Official Zoning Map Amendment Application #2018I-00131

Transcription

1 Community Planning and Development Planning Services 201 W. Colfax Ave., Dept. 205 Denver, CO p: f: TO: Denver Planning Board FROM: Kristofer Johnson, AICP, PLA, Senior City Planner Urban Design DATE: RE: Official Zoning Map Amendment Application #2018I Staff Report and Recommendation Based on the review criteria for map amendments stated in Denver Zoning Code (DZC), Section (Official Map Amendment), CPD staff recommends that the Planning Board recommend to the City Council approval of map amendment application #2018I Request for Rezoning Address: Neighborhood/Council District: Auraria Neighborhood / Council District 9 RNOs: Inter-Neighborhood Cooperation (INC), Union Station Advocates, Lower Downtown Neighborhood Association, LoDo District, Inc., Center City Denver Residents Organization, Jefferson Park United Neighbors, Riverfront Park Association, The Central Platte Valley Auraria District RNO Area of Property: 2,536,422 square feet or acres Current Zoning: CMP-ENT Proposed Zoning: D-CPV-R, D-CPV-C Property Owner(s): KSE Elitch Gardens / Revesco / Second City Owner Representative: Rhys Duggan Summary of Rezoning Request The subject property is in the Auraria neighborhood between Speer Boulevard, the South Platte River, and the Consolidated Main Line (CML) freight railroad tracks. The subject property is currently occupied by the Elitch Gardens amusement park and surface parking. The proposed rezoning will allow the property owner to begin a phased mixed-use redevelopment of the property. The requested D-CPV-R is the Downtown Neighborhood Context Central Platte Valley-Auraria River district, which encourages active uses with an emphasis on visual and physical permeability. The General building form permits buildings up to 5 stories. The Point Tower building form permits a podium of up to 5 stories, with no limit on the height or floor area ratio (FAR) of towers that meet specific dimensional and spacing requirements. This zone district is intended to be mapped within one and a half blocks of the South Platte River.

2 Page 2 The requested D-CPV-C is the Downtown Neighborhood Context Central Platte Valley-Auraria Center district, which is intended for employment, entertainment, and other higher intensity uses. The General building form permits buildings up to 12 stories. The Standard Tower permits an 8-story podium with an overall FAR limit and no limit on the height of towers that meet specific dimensional and spacing requirements. The Point Tower building form permits a podium of up to 8 stories, with no limit on the height or FAR of towers that meet specific dimensional and spacing requirements. This zone district is intended to be mapped within approximately 2 to 3 blocks of transit stations, the Consolidated Main Line, the Pepsi Center, and Interstate 25 and Speer Boulevards. The applicant intends to execute a development agreement to address infrastructure, environmental mitigation, open space, provision of affordable housing and other key topics consistent with adopted plan objectives (see Other Considerations below for more information). Further details of the zone districts can be found in proposed Denver Zoning Code Text Amendment #3, which is proposed for adoption concurrent with this proposed map amendment.

3 Page 3 Existing Context The subject site is in the northeast portion of the Auraria neighborhood, which is adjacent to the Jefferson Park, Highland, and Union Station neighborhoods and contains Elitch Gardens, the Pepsi Center, and the Auraria Campus. The site abuts the South Platte River, Centennial Gardens, the Consolidated Main Line, Speer Boulevard, and a small portion of Interstate 25 and Auraria Parkway. It is across the South Platte River from Fishback Park, the Downtown Aquarium, the Children s Museum, and Crescent Park. The subject site is currently characterized by a single entertainment use and associated surface parking. Surrounding neighborhoods and uses range from a similar character of entertainment and parking at the Pepsi Center arena to the east, to the Urban Center character with multi-unit residential and mixed-use commercial strips and commercial centers in the Jefferson Park neighborhood to the west, to the Downtown character with a mix of multi-unit residential, commercial, office, civic, institutional, and entertainment uses in large buildings to the north and northeast in the Union Station and CBD neighborhoods. The subject site is adjacent to two light rail stations: the Pepsi Center/Elitch Gardens Station and the Mile High Station, which are both served by the C, E, and W light rail lines. The site is currently served by the 10 bus line with a stop on Elitch Circle. Several bus lines provide service with stops within a quarter mile of the site; the 1, 15L, and 20 buses serve Auraria Parkway and have a stop at 7 th Street, and the 10, 28, 32, and 44 bus lines provide service on 15 th Street with a stop at Little Raven Street.

4 Page 4 The following table summarizes the existing context proximate to the subject site: Existing Zoning Existing Land Use Site CMP-ENT Entertainment, parking East South C-MU-30, Waivers, Conditions, UO-1 C-MX-5, C-MU- 30, Waivers, Conditions, UO-1 Entertainment, parking, office, mixeduse, multi-unit residential Industrial, mixed use, entertainment Existing Building Form/Scale Amusement park rides, 1- to 3- story buildings with large setbacks and irregular pattern Pepsi Center approximately 12-story building with large setbacks, irregular block pattern Auraria Parkway several attached 2- to 7-story residential, commercial, and mixeduse buildings, narrow setbacks Bryant Street 3-story multi-unit residential building with a 20 setback; Existing Block, Lot, Street Pattern Minimal internal streets or grid; largely irregular entertainment uses with surface parking served by intermittent roads; remnants of a more formal grid in select locations

5 Page 5 West North Existing Zoning OS-A, OS-C, C- MU-10, C-MU- 30, C-MX-5, C- MX-12 PUD 531, PUD 626, C-RX-8, D- LD, OS-A Existing Land Use Park/open space, entertainment/cultural, parking, office Mixed use, multi-unit residential Existing Building Form/Scale Mile High Stadium Circle 110 high Mile High Stadium with significant setback Water Street 56 Downtown Aquarium with 10 setback 39 Children s Museum, set back from the parking lot drive access Little Raven Street 4- story residential, setbacks Speer Boulevard 5 story residential, 0 setback Wewatta 12-story mixed use, 0 setbacks Existing Block, Lot, Street Pattern Generally regular downtown grid of streets with interruptions and irregularities around the Consolidated Maine Line, Cherry Creek, Union Station, and Commons Park; most regular blocks have alley access

6 Page 6 1. Existing Zoning The current CMP-ENT zone district is intended to promote and encourage the maintenance and concentration of existing and proposed entertainment venues, including sports arenas and amusement parks, including primary buildings, independent amusement structures and associated accessory buildings with a maximum height of 200 feet. There is a 10-foot primary street setback, but no build-to, transparency, or street level active use requirements. In addition to the current entertainment uses, CMP-ENT permits the following primary uses, among others: multi-unit dwelling, lodging accommodations, surface and garage parking, office, eating and drinking establishments, and certain retail sales and services. 2. View Planes The Old City Hall Mountain View Plane, which originates from a point southwest of the intersection of 14 th Street and Larimer Street, covers approximately five acres of the site adjacent to Interstate 25 and Auraria Parkway. Where the View Plane intersects the site, the maximum allowed height is approximately 95 to 100 feet. The State Capitol Area Mountain View Plane also covers less than two acres of the subject property at Interstate 25 and Auraria Parkway; however, this smaller area is completely within the portion of the subject property that is also within the Old City Hall Mountain View Plane, which has a lower maximum height. Therefore, the State Capitol Area Mountain View Plane does not impact the development capacity on the subject property.

7 Page 7 3. Parkway The Speer Boulevard Parkway extends along Speer Boulevard from Federal Boulevard to Downing Street, including frontage adjacent to the subject property. For the portion of Speer Boulevard adjacent to the subject property, there is no required building setback from Speer Boulevard. 4. Existing Land Use Map

8 Page 8 5. Existing Building Form and Scale Aerial view of subject property Aerial view from Denver Aquarium overlooking Elitch Gardens

9 Page 9 View from Elitch Circle looking north/northeast View from Elitch Circle looking east towards Pepsi Center Other Considerations 1. Development Agreement The applicant intends to execute a development agreement with the City prior to City Council consideration of this map amendment to address infrastructure, environmental mitigation, open space, provision of affordable housing and other key topics consistent with adopted plan objectives. Such an agreement can provide predictability about development characteristics that would otherwise not be addressed. Topics addressed in the development agreement include: Preparation of an infrastructure master plan (IMP) prior to the first phase of site development (not including development associated with the existing Elitch Gardens amusement park) Implementation of a comprehensive transportation demand management (TDM) program to minimize traffic congestion, mitigate vehicle trip generation, reduce parking demand, and facilitate mode-shift away from single-occupant vehicles

10 Page 10 A requirement to identify and study all vehicular, pedestrian, bike, and transit connections needed to serve the level of development proposed, including connections over the South Platte River and Consolidated Main Line railroad tracks A requirement to provide 12% of net developable area as public open space (specific open space locations to be determined in the IMP process) A mitigation and river improvements process associated with development of property currently located within a floodplain Preparation of plans for environmental remediation to address procedures for screening, removal, reuse and disposal of impacted soils, groundwater and debris Vesting of specific zoning entitlements contained in the D-CPV-R and D-CPV-C zone districts, including height and floor area ratio (FAR) standards The development agreement also includes an affordable housing plan intended to satisfy housing requirements linked to the D-CPV-R and D-CPV-C zone districts. The D-CPV zone districts set forth an incentive height system that links to increased affordable housing requirements for development above a base height of 5 stories, with an option for large/phased development (development over 5-acres in size, constructed in more than one phase, using city-approved financing tools, etc.) to access incentive height through execution of an affordable housing plan. The plan option is intended to allow flexibility for site-specific affordable housing strategies that meet the affordable housing objectives of the adopted Downtown Area Plan Amendment for Central Platte Valley-Auraria (see below). Note that specific affordable housing requirements for development above the base height (including the affordable housing plan option for large/phased development) are proposed for implementation through an amendment to Denver Revised Municipal Code (DRMC) Chapter 27, Article VI that would be adopted by City Council concurrent with Denver Zoning Code Text Amendment #3 to establish the D-CPV zone districts. The applicants and City have reached agreement in principle on the following topics for inclusion in the affordable housing plan: A required percentage of housing in the plan area to be provided as affordable The requirement will be at least equivalent to the amount generated through the formula-based incentive system established in the D-CPV zone districts, which is significantly greater than current citywide linkage fee build alternative requirements Dedication of required units as affordable for a minimum of 40 years. Dedication of specified percentages of required affordable housing units as affordable for households earning less than 30%, 60% and 80% of Area Median Income (AMI) - A portion of required affordable housing units may be designated as affordable for households earning up to 100% of AMI if such units are for-sale rather than for-rent A requirement for a minimum percentage of affordable housing units to include two or more bedrooms A requirement for a minimum percentage of affordable housing units to be for-sale rather than for-rent Affordable housing units integrated into buildings containing market rate housing units with access to all common amenities or services (note that housing units affordable below 30% of AMI may be provided through public/private partnership or tax credit financing mechanisms that do not allow units to be integrated into market rate buildings)

11 Page 11 A mechanism for non-residential uses to contribute funding towards affordable housing and/or execute an agreement to provide community serving uses to ensure that plan amendment equity objectives are met even if the affordable housing plan area does not include substantial residential development (note that the applicant s current development plans call for a relatively equal balance of commercial and residential development) Set compliance milestones to ensure that affordable housing is provided throughout project phases (note that the plan would allow a project phase without full affordable housing compliance with an approved strategy to catch up in the next phase) In addition to the development agreement summarized above, the applicant plans to execute an infrastructure master plan (IMP) prior to the first phase of development (not including development associated with the existing Elitch Gardens amusement park). Specific IMP concepts are intended to be memorialized in a second development agreement that will address development parcels, streets, sanitary sewer, storm drainage, water service, river improvements, pedestrian, bike, and transit facilities, open space locations, land use mix and other considerations. 2. General Development Plan The development agreement and associated infrastructure master planning process described above is proposed as an alternative to a General Development Plan, or GDP, which might otherwise be required for a similar site. The site is not currently subject to a GDP. Before or concurrent with an official map amendment application, the Department of Community Planning and Development (CPD) must determine whether a GDP is mandatory, according to DZC Section Preparation is mandatory when (1) the specific circumstances warrant a coordinated master framework plan to guide future development; and (2) land use, development, and infrastructure issues related to future development cannot be adequately resolved through other regulatory processes. In determining whether circumstances warrant a GDP, all relevant factors must be considered, including the following four factors set forth in the code. The factors are listed below with Staff s analysis of this site in italics. 1. Adopted Plan Recommendation A citywide land use, or small area plan, adopted by City Council as a supplement to the Comprehensive Plan, recommends preparation of a GDP for all or portions of the plan area. No citywide land use plan or small area plan recommends preparation of a GDP for all or a portion of the area to be rezoned. 2. Large-Scale Development The GDP area either: (a) is more than 10 acres, (b) is anticipated to be developed in phases; or (c) is owned by more than one person or entity. The area to be rezoned is more than 10 acres, but controlled by a single developer. The site will be developed in phases. The development agreement summarized above will require preparation of an infrastructure master plan appropriate for large-scale development. 3. Infrastructure Network or System Improvements Future development in the GDP area anticipates any of the following infrastructure improvements:

12 Page 12 a. Establishing, extending, expanding, or otherwise changing the arterial or collector street grid; or b. Establishing, extending, expanding, or otherwise changing an existing regional storm water system; or c. Establishing, extending, expanding, or otherwise changing publicly accessible park and open space. Future development in the area will include significant expansion of the street grid, and storm water system, as well as expansion/changes to publicly accessible parks and open space that will be addressed by preparation of an infrastructure master plan as required by the development agreement summarized above. 4. Development Adjacent to Major River or Trail Corridors Development within 100 feet from the Cherry Creek corridor or the South Platte River corridor, where publicly-accessible open space, pedestrian connections, or bike connections to such corridors is anticipated. The site is immediately adjacent to the South Platte River. Publicly-accessible open space, pedestrian connections, and bike connections to, and along, the river corridor will be addressed through development agreement requirements, including 12% open space, river crossings, and the subsequent infrastructure master plan process. Although this is a large site, factors that would be addressed through a GDP including roadway infrastructure and open space are being addressed in the development agreement described above, as well as the subsequent infrastructure master plan and additional development agreements. Considering all relevant factors, the specific circumstances here do not warrant an additional coordinated master framework plan and all remaining issues can be addressed with existing regulatory processes. Therefore, if the planned development agreement is executed to address these issues concurrent with approval of this rezoning, CPD has determined that a GDP is not mandatory for this site. 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. Real Estate: Approved No response. Denver Public Schools: Approved No response. GIS: Approved No response.

13 Page 13 Department of Public Health & Environment: Approved with comments: Denver Department of Public Health and Environment (DDPHE) concurs, with conditions, the rezoning. DDPHE is aware of potential environmental concerns on the site. Based on the history of land uses at the site and in the vicinity, there is potential to encounter landfill debris, building debris, buried structures, impacted soil, and possibly impacted groundwater. The applicant should confirm and document that environmental conditions are currently, or will after remediation, be appropriate for planned uses. 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. If renovating or demolishing existing structures, there may be a concern of disturbing regulated materials that contain asbestos or lead-based paint. Materials containing asbestos or lead-based paint should be managed in accordance with applicable federal, state and local regulations. The Denver Air Pollution Control Ordinance (Chapter 4- Denver Revised Municipal Code) specifies that contractors shall take reasonable measures to prevent particulate matter from becoming airborne and to prevent the visible discharge of fugitive particulate emissions beyond the property on which the emissions originate. The measures taken must be effective in the control of fugitive particulate emissions at all times on the site, including periods of inactivity such as evenings, weekends, and holidays. 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. Parks and Recreation: Approved No response. Public Works ROW - City Surveyor: Approved No comments.

14 Page 14 Development Services - Transportation: Approved with comments: Approval of the rezoning by Public Works is contingent upon the execution of the Zoning Development Agreement currently being negotiated with the applicant. Any use change, or development or redevelopment proposal, associated with this rezoning may be required to comply with Public Works-prescribed modifications to access, and improvements to any driveways, curb, sidewalk, and other transportation infrastructure in the public right-of-way. Development Services Wastewater: Approved No response. 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 and registered neighborhood organizations: 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 and registered neighborhood organizations: Date 9/10/ /1/2018 Planning Board Public Hearing 10/17/2018 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: Land Use, Transportation and Infrastructure Committee of the City Council (tentative): 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 City Council and registered neighborhood organizations: Tentative: 10/16/2018 Tentative: 10/30/2018 Tentative: 11/19/2018 City Council Public Hearing (tentative): 12/10/2018

15 Page 15 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) Downtown Area Plan (2007) Downtown Area Plan Amendment (2018) Denver Comprehensive Plan 2000 The proposal is consistent with many Denver Comprehensive Plan objectives, strategies, and recommendations, including: 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 3-B: Promote transit-oriented development (TOD) as an urban design framework for urban centers and development areas. Development at transit stations should provide both higher ridership to the transit system and viability and walkability in the area. (p 77) Mobility Strategy 4-E: Continue to promote mixed-use development, which enables people to live near work, retail and services. (p 78) Legacies Strategy 3-A: Identify areas in which increased density and new uses are desirable and can be accommodated. (p 99) Environmental Sustainability Strategy 2-F: Conserve land by promoting infill development with Denver at sites where services and infrastructure are already in place; designing mixed use communities and reducing sprawl so that residents can live, work and play within their own neighborhoods; creating more density at transit nodes. (p 39)

16 Page 16 Two strategies specifically address the Central Platte Valley: Land Use Strategy 1-C: Incorporate relevant recommendations from neighborhood, corridor and area plans that are supplements to Plan Examples are the plans for Stapleton, Lowry, Gateway, Federal Boulevard, Central Platte Valley and the Golden Triangle. Mobility Strategy 3-A: Strengthen multimodal connections and transportation improvements within and between existing and potential urban centers, including Downtown/Central Platte Valley, DIA/Gateway, Stapleton, Cherry Creek/Colorado Boulevard, Denver Tech Center, and the South Wadsworth Corridor. Housing Strategy 6-B: Continue to support mixed-income housing development that includes affordable rental and for-purchase housing for lower-income, entry-level and service employees, especially in Downtown and along transit lines. (p. 118) The proposed map amendment would enable mixed-use development adjacent to the downtown core where transit infrastructure is already in place. It establishes new zone districts that promote affordable housing (through the proposed height incentive system), broaden the variety of uses in the area and enable people to live in an urban neighborhood near retail, services, and employment opportunities and within walking distance to transit, consistent with the objectives of Comprehensive Plan Blueprint Denver According to the 2002 Plan Map adopted in Blueprint Denver, this site has a concept land use of Downtown and is located in an Area of Change. Future Land Use The Downtown Land Use Concept represents the centerpiece of the city and region with the highest intensity of uses in Colorado. Many uses are attracted to the centralized location government entities, employers, entertainment venues, educational facilities, restaurants, nightclubs, cultural facilities and hotels. Downtown is not only a significant source of employment, with more than 100,000 employees, but also a unique neighborhood offering a special variety of housing for people who prefer to live in the midst of its activity and amenities (p 39). The proposed map amendment to apply the D-CPV-R and D-CPV-C zone districts is consistent with the Downtown Land Use Concept because it will facilitate a dense mix of active uses in building forms that emphasize human-scaled massing at the street level and preserve access to sun, sky, and views.

17 Page 17 Area of Change / Area of Stability The subject site is located within a Blueprint Denver 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). Furthermore, in some cases it may be necessary to change the zoning to establish the appropriate framework for achieving the vision for Areas of Change. For instance, some areas near downtown are zoned for industrial use but are slated for mixed-use development. In this case, the underlying zoning would need to be changed to a mixed-use zone district (p. 130). Blueprint Denver provides additional specific guidance for the Downtown Area of Change: the individual sub-districts all emphasize high-quality urban design, pedestrian-friendly design and multi-modal transportation. The vision for downtown is to continue more of the same types of high quality office, hotel, retail, residential and mixed-use development (p. 134). The proposed map amendment is consistent with the Blueprint Denver Area of Change recommendations. The D-CPV-R and D-CPV-C zone districts will facilitate additional housing, jobs, and services in close proximity to the two existing light rail stations and several adjacent bus lines, which will encourage fewer auto trips. Street Classifications Blueprint Denver classifies Speer Boulevard and Auraria Parkway as Mixed Use Arterials, which are designed to provide a greater balance between mobility and land access within residential, commercial and industrial areas (pg. 51). Similarly, a Mixed Use Street is

18 Page 18 located in high-intensity mixed-use commercial, retail and residential areas with substantial pedestrian activity and is attractive for pedestrians and bicyclists because of landscaped medians and tree lawns (pg. 57). Blueprint Denver classifies Elitch Circle as an Undesignated Local Street, which Blueprint Denver says is 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 (pg. 51). The proposed map amendment is consistent with the street classifications surrounding and within the subject property because it will enable the high-intensity mix of uses appropriate for the adjacent Mixed Use Arterials, and it will also promote the pedestrian-scale building forms appropriate for lower-intensity roads such as Elitch Circle and other new roads that are established as part of the potential redevelopment in the area. Small Area Plan: Downtown Area Plan (2007) The Downtown Area Plan provides specific recommendations around becoming a prosperous, walkable, diverse, distinctive, and green downtown. Specific strategies include: Require ground floor active uses throughout Downtown through changes to zoning and design guidelines (B1b, p. 22) Use distinctive ground floor retail, or other active uses, and the street environment to reinforce district identity (D1b, p. 33). In reference to the Central Platte Valley-Auraria district: Future opportunities to densify these areas are beginning to emerge as transit use increases and parking demand decreases (pg. 52).

19 Page 19 The proposed map amendment facilitates mixed-use development with limited parking and active ground floor design/uses, which is consistent with the goals of the Downtown Area Plan. Small Area Plan: Downtown Area Plan Amendment (2018) The Downtown Area Plan Amendment for Central Platte Valley-Auraria (the amendment) builds on the Downtown Area Plan, which continues to apply in this area. Within the area bounded by Speer Boulevard, Interstate 25, and Auraria Parkway, the Amendment supersedes the Downtown Area Plan where recommendations between the two plans are conflicting. The Amendment also supersedes other previous plan direction within this boundary. One stated goal is to enable a deliberate mix of uses to create a prosperous neighborhood that is vibrant throughout the day and night, through strategies such as update[ing] zoning regulations to encourage an appropriate mix of uses (p. 31). More specifically, Recommendation A5b details a specific variety of uses that create an active, livable neighborhood, including uses that make up a complete neighborhood, commercial uses and services, civic and community uses, entertainment and cultural uses, and public spaces (p. 32). The Amendment notes that active uses should be prioritized in strategic locations such as along specific corridors and along the riverfront (A5c, p. 33). Another aim is to include a variety of market-rate and affordable housing to accommodate diverse households and incomes (C5a, p. 60) and to require additional affordable housing beyond what is required by the citywide linkage fee and located on-site (C5b, p. 61).

20 Page 20 Finally, the goal to promote new development that creates diverse places and activities through a variety of building densities and intensities within a mixture of building forms that reinforce a comfortable, human-scale pedestrian experience is supported by a recommendation to adopt new or updated zoning standards to require a variety of building intensities (D4a, p. 65). Specifically, the plan recommends calibrat[ing] allowed building height and intensity by context with highest intensity near the light rail stations and along the Consolidated Main Line and 7 th Street and the lowest intensity along the riverfront, Water Street, and existing buildings (D4c, p. 66). The amendment also recommends leverage[ing] increases in allowed building intensity to promote community benefits (including a recommendation to adopt zoning tools that provide incentives for integration of mixed-income and affordable housing - D4d, p. 66), and promoting high quality design through updated zoning and design standards and guidelines (D5a, p. 68). The proposed map amendment to rezone to the D-CPV-R and D-CPV-C zone districts is consistent with Downtown Area Plan Amendment goals, recommendations, and strategies by facilitating the desired mix of uses, including discouraging non-active uses along key streets and the river. The proposed zone districts provide a suite of context-sensitive building forms that promote the detailed design goals of the plan amendment. The proposed zone districts also establish an incentive height system that promotes plan amendment objectives for an equitable neighborhood (note that the map amendment applicant intends to meet incentive height requirements by executing an affordable housing plan as described in Related Development Agreement for Affordable Housing above). 2. Uniformity of District Regulations and Restrictions The proposed rezoning to D-CPV-R and D-CPV-C 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 plans. Additionally, the proposed map amendment would result in a zone district that enables higher density than the current zone district; higher density has been linked to increased physical activity, 1 less driving, 2 and lower obesity rates. 3 More specifically, the proposed rezoning provides additional density in 1 Ewing, R., and R. Cervero "Travel and the Built Environment: A Meta-Analysis." Journal of the American Planning Association 76 (3): (via Making Healthy Places: Designing and Building for Health, Well-being, and Sustainability. Ed. Andrew L Dannenberg, Howard Frumkin, and Richard J. Jackson, Island Press, 2011.) 2 Frumkin, Frank, and Jackson 2004; Fran et al. 2006; Ewing et al. 2008; Stone 2008 (via Making Healthy Places: Designing and Building for Health, Well-being, and Sustainability. Ed. Andrew L Dannenberg, Howard Frumkin, and Richard J. Jackson, Island Press, 2011.) 3 Ewing, R., T. Schmid, R. Killingsworth, A. Zlot, and S. Raudenbush "Relationship between Urban Sprawl and Physical Activity, Obesity, and Morbidity." American Journal of Health Promotion 18: (via Making Healthy

21 Page 21 close proximity to the South Platte River Trail, and close proximity to this kind of an outdoor recreation facility has been shown to result in greater use of such facilities Justifying Circumstance The application identifies changed or changing conditions 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. Such a change may include: a. Changed or changing conditions in a particular area, or in the city generally; or b. A City adopted plan; or c. That the City adopted the Denver Zoning Code and the property retained Former Chapter 59 zoning. Since the Denver Zoning Code was adopted in 2010 and the subject property was rezoned to CMP-ENT, the City adopted the Downtown Area Plan Amendment (2018), which provides updated direction for the subject property that is consistent with this rezoning application (see Consistency with Adopted Plans ). Therefore, this is an appropriate justifying circumstance for the proposed rezoning. Additionally, there has been significant change in the surrounding neighborhoods since 2010; catalyzed by the redevelopment of Union Station, which reopened in 2014, there has been substantial high-density, mixed-use development and redevelopment along Wewatta Street, Chestnut Place, the Consolidated Main Line, and Little Raven Street from Speer Boulevard past 20 th Street and into the Five Points neighborhood. The lower Highland neighborhood has also seen substantial multi-unit residential and complementary commercial redevelopment in the past eight years. This clear indication of development pressure in adjacent neighborhoods qualifies as a changed or changing condition, and the proposed rezoning is in the public interest to provide the kind of high-density, mixed-use development that is in high demand in adjacent neighborhoods. 5. Consistency with Neighborhood Context Description, Zone District Purpose and Intent Statements The requested D-CPV-R and D-CPV-C zone districts are within the Downtown Neighborhood Context. The Downtown context consists of a mix of multi-unit residential, commercial, office, civic, institutional, and entertainment uses in large buildings containing one or more uses. Entrances to office and residential buildings tend to be directly from the public sidewalk into a lobby. Retail stores and restaurants are typically accessed from the public sidewalk (DZC, Division 8.1). Places: Designing and Building for Health, Well-being, and Sustainability. Ed. Andrew L Dannenberg, Howard Frumkin, and Richard J. Jackson, Island Press, 2011.) 4 Handy, S. L Critical Assessment of the Literature on the Relationship among Transportation, Land Use, and Physical Activity. Washington, DC: Transportation Research Board and Institutes of Medicine Committee on Physical Activity, Health, Transportation, and Land Use. (via Making Healthy Places: Designing and Building for Health, Well-being, and Sustainability. Ed. Andrew L Dannenberg, Howard Frumkin, and Richard J. Jackson, Island Press, 2011.)

22 Page 22 While the current zone district, CMP-ENT, includes some permitted uses consistent with the Downtown context, the overall allowed height (200 feet) and lack of street level design standards are inconsistent with adopted plan objectives. The proposed map amendment to apply the D-CPV-R and D-CPV-C districts will introduce important standards related to street level build-to requirements, setbacks, transparency, active use, non-residential active uses on key streets, and the provision of publicly-accessible private open space. In addition, the requested zone districts include massing-related design standards to help shape and space buildings as they get taller to better maintain comfortable human-scale characteristics at the lower stories. The proposed zone districts are consistent with, and will more successfully achieve, the neighborhood context description. The Intent statement included in the DZC Text Amendment to establish the requested D-CPV-R zone district (DZC Section J) states the River district is located within approximately 1 to 1.5 blocks along both sides of the South Platte River. The overall intensity of this district is lower than the D-CPV-C district to create an appropriate relationship to the South Platte River. The proposed D-CPV-R district is adjacent to the South Platte River within approximately 1 to 1.5 blocks. The location of the proposed district boundaries and desired building forms and heights are consistent with the zone district purpose and intent statement. The Intent statement included in the DZC Text Amendment to establish the requested D-CPV-C zone district (DZC Section K) states the Center district is located within approximately 2 to 3 blocks of existing transit facilities, the Consolidated Main Line, Pepsi Center, and near the intersection of Interstate 25 and Speer Boulevard. The Center district is generally central in its location within Central Platte Valley Auraria and also represents the primary center of activity where employment, entertainment, and other higher intensity uses are located. This is the most intense D-CPV zone district and provides the greatest flexibility of building forms to accommodate the widest variety of commercial, entertainment, and residential uses. The proposed D-CPV-C district is adjacent to the two existing transit stations and the Consolidated Main Line. The location of the proposed district boundaries and desired building forms and heights are consistent with the zone district purpose and intent statement. Attachments 1. Application