Community Planning and Development Planning Services 201 W. Colfax Ave., Dept. 205 Denver, CO 80202 p: 720.865.2915 f: 720.865.3052 www.denvergov.org/cpd TO: Denver Planning Board FROM: Chandler Van Schaack, Senior City Planner DATE: RE: Official Zoning Map Amendment Application #2018I-00047 Staff Report and Recommendation Based on the criteria for review in the Denver Zoning Code, Staff recommends approval for Application #2018I-00047. Request for Rezoning Address: 3855 Inca St. Neighborhood/Council District: Sunnyside Neighborhood / Council District 1 RNOs: Inter-Neighborhood Cooperation (INC), Sunnyside United Neighbors, Inc. (SUNI), United North Side Neighborhood Area of Property: 18,750 square feet or 0.43 acres Current Zoning: I-MX-3 Proposed Zoning: C-RX-8 Property Owner(s): B-W Masonry Inc. Owner Representative: Dennis McLin Summary of Rezoning Request The subject site is located in the Sunnyside Neighborhood, at the intersection of 39 th Ave. and Inca St. The property is owned by B-W Masonry, Inc., and currently contains several small buildings with outdoor storage of masonry equipment and machinery. The owner wishes to rezone the property to allow for redevelopment of the property with a high density residential project. The proposed C-RX-8 (Urban Center Residential Mixed Use 8 Stories) zone district generally applies to residentially-dominated areas served primarily by collector or arterial streets where a building scale of 2 to 8 stories is desired. Further details about the C-RX-8 zone district can be found in Article 7 of the Denver Zoning Code (DZC).
Page 2 Figure 1: Council District Map Figure 2: Neighborhood Map
Page 3 Existing Context The subject parcel is located in the Sunnyside Neighborhood, at the intersection of 39 th Ave. and Inca St. The Gold Line and Northwest Rail corridor lies just across Inca St. to the east, with the 41 st & Fox Station lying two blocks to the north on the east side of the tracks. Currently, the parcels along Inca St. contain primarily industrial uses, transitioning to single- and multi-unit residential uses further to the west. In terms of mobility, the site is well-served, lying immediately adjacent to the Inca St. bike/pedestrian pathway, which provides access to the 41 st & Fox Station via a pedestrian bridge at 41 st Ave. and crosses 38 th Ave. via a pedestrian bridge immediately to the south. The site is also within walking distance of the 38 th Ave. and Kalamath St. RTD bus stop. The following table summarizes the existing context proximate to the subject site: Existing Zoning Existing Land Use Existing Building Existing Block, Lot, Form/Scale Street Pattern Site I-MX-3 Industrial masonry operation with 3 buildings and outdoor storage 3 one-story commercial buildings, mixed depth of setbacks North I-MX-3 Figure 3: 2017 Aerial Map Residential and Industrial Inca St.: primarily singlestory warehouse structures, one 2-story single unit residence Generally regular grid of streets east of site; Grid ends at Inca St./ railroad tracks. Block sizes and shapes east of tracks are consistent and rectangular.
Page 4 Existing Zoning Existing Land Use Existing Building Form/Scale South I-MX-3 Auto repair 2-story shopfront East West I-B UO-2 U-TU-C G Line, B Line, and freight rail corridor Single-Unit Residential No buildings present 1-story urban house forms w/ consistent setbacks, detached garages facing alley Existing Block, Lot, Street Pattern Vehicle parking to the side or rear of buildings (alley access). 1. Existing Zoning Figure 4: Zoning Map The site is currently zoned I-MX-3, which is intended to provide a transition between mixed use areas and I-A or I-B Industrial Districts and accommodate a variety of industrial, commercial, civic and residential uses. The maximum height in the I-MX-3 zone district is 3 stories and 45 feet. The I-MX-3 zone district allows the General and Industrial building forms. The General building form includes a build-to requirement, transparency requirement, and entrance requirement, but does not include street level active use standards, and surface parking is permitted between the building and side streets. The Industrial building form is only allowed when the following uses are established: Vehicle/Equipment Sales, Rentals, Service & Repair Use Category Uses and Industrial, Manufacturing & Wholesale Primary Use Classification Uses. The Industrial building form does not include a build-to requirement, transparency requirement, or street level activation standards, and surface parking is permitted between the building and primary and side streets.
Page 5 2. Existing Land Use Map 3. Existing Building Form and Scale Figure 5: 2016 Existing Land Use Map
Page 6 View of subject View of subject site looking south site looking from 39 th south Ave. from 39 th Ave. View of adjacent residential property to the west, looking east View of properties across 39 th Ave to the north
Page 7 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 Response. Denver Public Schools: Approved No Response Department of Environmental Health: Approved. See Comments Below: Notes. Denver Department of Public Health and Environment is not aware of environmental concerns on the Property and concurs with the rezoning request. 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 (720-865-5410). 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
Page 8 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: Legal is approved. Development Services - Transportation: Approved No Response 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 6/7/18 11/20/18 Planning Board public hearing 12/5/18 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: 12/8/18 (tentative) 12/18/18 (tentative)
Page 9 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: 1/14/19 (tentative) City Council Public Hearing: 2/4/19 (tentative) Summarize Other Public Outreach and Input o Registered Neighborhood Organizations (RNOs) As of the date of this report, staff has not received any comments from RNOs pertaining to this application. o Other Public Comment Staff has received several public comments pertaining to this rezoning request, the majority of which are in opposition to the proposed C-RX-8 zone district. Concerns expressed by nearby residents include building height, parking and traffic impacts, and potential effects on neighborhood character. All comments received by staff are included as an attachment to this report. Criteria for Review / Staff Evaluation The criteria for review of this rezoning application are found in DZC, Sections 12.4.10.7 and 12.4.10.8, as follows: DZC Section 12.4.10.7 1. Consistency with Adopted Plans 2. Uniformity of District Regulations and Restrictions 3. Public Health, Safety and General Welfare DZC Section 12.4.10.8 1. 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 & Fox Station Area Plan (2009) Denver Comprehensive Plan 2000 The proposal is consistent with several Comprehensive Plan Strategies, including:
Page 10 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. (p.39) 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. 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 will enable higher density development at an infill location within walking distance of a transit station where services and infrastructure are already in place. The C-RX zone districts broaden the variety of uses. The rezoning is consistent with these plan recommendations. Blueprint Denver According to Blueprint Denver, this site has a concept land use of Urban Residential and is located in an Area of Change. Figure 6: Blueprint Denver Land Use Map
Page 11 Future Land Use Blueprint Denver describes Urban Residential areas as higher density and primarily residential, but may include a noteworthy number of complementary commercial uses (p. 41). Blueprint Denver also notes that retail or other similar active uses on the main floor are appropriate options for Urban Residential Areas along with prominent street facing entries, extensive ground floor windows, and pedestrian scaled facades and contextual design (p. 66). A mixture of housing types is present in Urban Residential areas, including single family houses, townhouses, small multifamily apartments, and sometimes mid to high-rise residential structures (p. 41). The proposed map amendment supports the Blueprint Denver Urban Residential concept land use designation by allowing for higher density residential uses while also allowing a limited amount of complementary commercial uses. The General form within the C-RX-8 zone district includes build-to, transparency, entrance, and upper story setback standards, implementing the design recommendations stated in Blueprint Denver. 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 rezoning application is consistent with the Blueprint Denver Area of Change recommendations. Compared to the existing I-MX-3 zoning, the proposed C-RX-8 zoning would improve access to jobs, housing, and services by allowing for higher density residential development to be located within walking distance of a transit station area, bike and pedestrian facilities, and bus transit service. Street Classifications Blueprint Denver classifies 39 th Ave and Inca Street as undesignated local streets. Per Blueprint Denver, the design features of local streets are influenced less by traffic volumes and are 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. Inca and 39 th terminate immediately to the south and east of the site, respectively. The immediate area surrounding the site is served by 38 th Avenue, which is designated as a mixed use arterial and enhanced transit corridor, and Lipan Street, which is designated as a residential collector. It is important to note that the street grid in this portion of the city is interrupted in three directions (by 38 th Ave and I-25 to the south, freight rail tracks to the east, and I-70 to the north). Most streets fail to connect across these barriers, and as a result provide primarily local access. However, the new pedestrian/bike bridge and the Inca Street Multi-Use Path both cross these barriers. The intensity of the proposed C-RX-8 district is justified more by the subject site s proximity to the station platform and the recently-completed Inca Street Multi-Use Path than by the street classifications of the adjacent road network. The Map Amendment application is consistent with Blueprint Denver s street classification recommendations, as the site s excellent pedestrian connectivity to the station offsets the lack of
Page 12 collector and arterial streets that might otherwise be necessary to accommodate the proposed development densities, and the immediate vicinity of the site is served by such streets. Sunnyside Neighborhood Plan (1992) The Sunnyside Neighborhood Plan was adopted in 1992 and applies to the subject property. The plan identifies the subject property as industrial, and states that the far eastern edge of the neighborhood is desirable for industry because of access to I-25 and I-70, and the proximity to rail facilities. The plan further suggests that scattered residential uses located within the industrial area could eventually be redeveloped as industrial uses (p.16). Although the Sunnyside Neighborhood Plan is an adopted plan that continues to guide policy and development decisions within the neighborhood, the eastern portion of the plan area (including the subject site) has more recent guidance from the 41 st & Fox Station Area Plan. The station area plan was adopted in 2009 in response to new opportunities presented by the commuter rail station. As a result, it provides substantially different land use recommendations than the older Sunnyside Neighborhood Plan, which pre-dates the conception of FasTracks by more than a decade. The 41 st & Fox Station Area Plan does not recommend any industrial within the portion of Sunnyside that it covers (approximately 36 th Ave. to 46 th Ave.). For additional details on relevant recommendations from the 41 st & Fox Station Area Plan, please refer to the next section of this staff report. 41st and Fox Station Area Plan (2009)
Page 13 The 41 st and Fox Station Area Plan was adopted by City Council in 2009 and applies to the subject property. The plan sets forth a vision for the creation of a diverse, transit supportive and environmentally sustainable urban center (p. 9). The plan concept is to develop a new urban center within walking distance of the station on the east side of the railroad tracks, and a mid-density residential edge along Inca and Jason Streets on the west side of the tracks. The station area plan recommends active edges, design elements of building ground floors, and improvements to building placement in this area (p. 18). These are promoted by the building form standards in the proposed C-RX-8 zone district, including transparency, street level active uses, surface parking location, and build-to requirements. The station area plan s land use map identifies the subject site as Urban Residential with a desired height of 2-8 stories. The plan recommends rezoning to implement the land use and urban design objectives of the plan. The proposed C-RX-8 zone district is consistent with both the land use and building height recommendations by allowing residential and limited mixed uses with a maximum building height of 8 stories.
Page 14 2. Uniformity of District Regulations and Restrictions The proposed rezoning to C-RX-8 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 the implementation of the City s adopted plans. The rezoning would allow redevelopment of an underutilized site into a new, safe, walkable, pedestrian-friendly environment in close proximity to a commuter rail station.
Page 15 4. Justifying Circumstance The proposed official map amendment is in an area with changed and changing conditions. DZC Section 12.4.10.8.A.4. states that 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 change may include Changed or changing conditions in a particular area, or in the city generally. Changed conditions include the introduction of the 41st & Fox commuter rail station and the associated pedestrian bridge that provides a new connection across the railroad tracks to Globeville. Another relevant infrastructure improvement is the recently-completed Inca Street Multi-Use Path which connects to a bridge over 38 th Avenue, providing a multi-modal direct link from this site to downtown and other activity centers along the South Platte River Trail. These improvements have created a shift in transportation opportunity that supports higher-intensity, mixed use development. Recently, other properties on both sides of the station area have similarly pursued rezoning for future transit oriented redevelopment, signaling new market interest in development. 5. Consistency with Neighborhood Context Description, Zone District Purpose and Intent Statements The requested zone district is within the Urban Center Neighborhood Context which generally consists of multi-unit residential and mixed-use commercial strips and commercial centers (DZC 7.1.1). Within this context, the Residential Mixed Use Zone Districts are intended to promote safe, active, pedestrian-scaled, diverse areas through the use of building forms that clearly define and activate the public realm (DZC 7.2.3.1). The C-RX-8 zone district applies to residentially-dominated areas served primarily by collector or arterial streets where a building scale of 2 to 8 stories is desired (DZC 7.2.3.2.B). The requested rezoning is consistent with the neighborhood context description, zone district purpose and intent, as the requested zoning is intended to provide for residential mixed use development at a maximum height of 8 stories. Although the subject site is not adjacent to collector or arterial streets, the broader area is served by collector and arterial streets, it is immediately adjacent to a direct pedestrian connection to a commuter rail station, and is located in an area that is recommended by an adopted station area plan for 8 story development. Attachments 1. Rezoning Application 2. Public Comments