community planning deelopment rezoning guide · limited exceptions, u-mx-3 is the general...

Rezoning Application of 3

COMMUNITY PLANNING & DEVELOPMENT

Return completed form to [email protected] W. Colfax Ave., Dept. 205

Denver, CO 80202

720-865-2974 • [email protected]

REZONING GUIDE

Last updated: May 24, 2018

Zone Map Amendment (Rezoning) - Application

PROPERTY OWNER INFORMATION*

□ CHECK IF POINT OF CONTACT FOR APPLICATION

PROPERTY OWNER(S) REPRESENTATIVE**

□ CHECK IF POINT OF CONTACT FOR APPLICATION

Property Owner Name Representative Name

Address Address

City, State, Zip City, State, Zip

Telephone Telephone

Email Email

*If More Than One Property Owner:All standard zone map amendment applications shall be initiated by all the owners of at least 51% of the total area of the zone lots subject to the rezoning application, or their representatives autho-rized in writing to do so. See page 3.

**Property owner shall provide a written letter authorizing the repre-sentative to act on his/her behalf.

Please attach Proof of Ownership acceptable to the Manager for each property owner signing the application, such as (a) Assessor’s Record, (b) Warranty deed or deed of trust, or (c) Title policy or commitment dated no earlier than 60 days prior to application date.

If the owner is a corporate entity, proof of authorization for an individual to sign on behalf of the organization is required. This can include board resolutions authorizing the signer, bylaws, a Statement of Authority, or other legal documents as approved by the City Attorney’s Office.

SUBJECT PROPERTY INFORMATION

Location (address and/or boundary description): Assessor’s Parcel Numbers:

Area in Acres or Square Feet:

Current Zone District(s):

PROPOSAL

Proposed Zone District:

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1 | Page [email protected]

4421 & 4433 W. 29th Avenue Map Amendment Application to U-MX-3

General Review Criteria

Consistency with Adopted Plans:

The proposed official map amendment is consistent with the City’s adopted plans, or the

proposed rezoning is necessary to provide land for a community need that was not

anticipated at the time of the adoption of the City’s plan.

The proposed official map amendment is consistent with the City’s adopted plan-- 29th and Tennyson is

envisioned in Denver planning as a “Local Centers” in the Urban context along “Corridors.” (Blueprint p.

123) 29th Avenue is identified as a Residential Arterial Street and Tennyson is shown as a Residential

Collector Street (Blueprint p. 156). Blueprint Denver describes “Local Centers” as “highly walkable and

pedestrian friendly” (Blueprint p. 143) which right zoning will accomplish, allowing us to replace a

surface parking lot with an amenity rich building. Heights in these areas as “Heights are generally up to

3 stories. Although generally well integrated into the surrounding neighborhood, a limited transition

may be needed.” (Blueprint p. 228). Our application is directly in line with the intention of the plan.

We believe if a limited transition is needed, the topography of the significant slope of the area couple

with the existing 2 story limitation on the south side of 29th accomplishes this transition.

In addition, the proposed official map amendment provides for a community need- In addition, this

project intends to increase available parking for the adjacent Tennyson Center Children’s home. This

center continues to grow in its parking impact on the surrounding area. This rezoning seeks to address

this existing parking demand. This is a unique opportunity to develop a site that serves as a community

commercial district and simultaneously provides additional parking for the Tennyson Center which has

been located at the adjacent intersection for over a century, is deeply invested in the area and intends

to remain indefinitely.

Uniformity of District Regulations:

The proposed map amendment is consistent with the surrounding commercial areas west on 29th and

north on Tennyson sharing the U-MX-3 designation. See the maps on the next page highlighting the

surrounding area that shares the U-MX-3 designation westbound on 29th and northbound on Tennyson.

The immediately surrounding area is B-2 and R-5 from former Chapter 59 allowing buildings well in

excess of 3 stories and U-MX-2. The U-MX-3 is consistent within the nearby commercial areas west and

north and recognizes the unique topography and steep slope on the north side of 29th which significantly

reduces the impact of an additional story on this side of the street.

We have requested that the entirety of the commercial district take the U-MX-3 zone district to remain

uniform and recognize the area slope. The south side of 29th is zoned U-MX-2 and allows a transition to

the adjacent residential and remains congruent with the intent of Blueprint Denver and the existing uses

of the site.

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Westbound U-MX-3 zoning on 29th is shown above. Northbound U-MX/S-3 zoning on Tennyson and 38th

is shown below. With limited exception these commercial districts are zoned almost exclusively at 3

stories and above. For brevity, the 32nd and Lowell district mixing U-MX-2, U-MS-3 & 5 is not attached.

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Public Health, Safety, General Welfare:

The proposed map amendment is done between the two adjacent sites on the north side of 29th with an

intention of solving ongoing parking demands at the Tennyson Center for Children. The Tennyson

Center generates significant parking pressure weekdays during traditional business hours. To relieve

this pressure, we are seeking a rezoning and redevelopment that adds 50% to the existing available

parking at 4421 W. 29th. We believe the provision of this parking can be done most cost effectively and

efficiently though coordination between the existing SloHi Village project at 4433 W 29th and the 4421

W. 29th under a U-MX-3 zoning, allowing for sufficient above grade leasable square footage to justify the

below grade and at grade parking.

4433 W 29th already has an underground parking facility and ramp. Rather than replicate the ramp, we

can maximize the use of existing built structures to access both underground parking lots. This will

require an access easement across 4433 W 29th to reach the parking in 4421 W 29th. Consitently zoning

both sites makes sense as the full North side of the commercial node on 29th can and should function

similarly for maximum administrative and practical efficiency.

Justifying Circumstances:

- Since the date of the approval of the Zone District, there has been a change such that the

proposed rezoning in the public interest:

o Natural characteristics of the land

The proposed map amendment looks holistically at the 2 commercial zoned parcels north of

29th avenue. This node can and should function as a unit as the commercial destination at

the intersection of collector and arterial streets- Tennyson and 29th.

The steep slope heading southbound between 30th and 29th limits the impact of 3 story

structures on this site on sight lines from adjacent properties uphill and downhill from the

site. There is also a significant high water table on site. This limits the depth available to dig

for underground parking. When digging for the existing structure at 4433, we identified

what appeared to be an underground stream that we believe runs under the 4421 site as

well. In order to provide adequate parking for the site and parking for the adjacent

Tennyson Center, a U-MX-3 zoning is appropriate to locate parking for uses both on and off

site. That additional parking can serve both sites once constructed.

o C. that the the city adopted the Denver Zoning Code and the property retained

Chapter 59 zoning

4421 W 29th Avenue is currently zoned B-2 under Former Chapter 59 zoning. U-MX-3

zoning is a relatively similar zone district with a lower height limitation than existing B-2

zoning. An update to current zoning is prudent for site development.

Former Chapter 59 zoning would allow a tall 5 story or possibly more building on site,

limited only by the generous Former Chapter 59 Bulk plane limitations and a floor-area

ratio. We do not believe this is appropriate for this site and are willing to sacrifice this use

by right for a smart U-MX-3 district spanning the north lots of this commercial district.

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While no current additional development is planned at 4433, zoning the entirety of the

north commercial district consistently at this time seems the prudent path. Any future

development would be limited by the physical constraints of the in place building and will

not justify the time and energy required to process a rezoning.

This is the opportunity for the commercial node to be planned into the future. We intend to

design maximal parking at this time, recognizing the physical limitations of both sites, and

their proximity to collector and arterial streets so that future development at 4433 is

possible when timing allows.

Consistency with Neighborhood Context, Zone District Purpose & Intent

- The proposed official map amendment is consistent with the description of the applicable

neighborhood context, and with the stated purpose and intent of the Zone District

Our application seeks to designate the land north of 29th as U-MX-3 in keeping with the Denver Right,

Blueprint Denver and the language of the zoning code. The U-MX designation is the appropriate area

designation per Blueprint Denver and the General Purpose of the U-MX district as defined in 5.2.3.1 of

the Zoning code. Section D of 5.2.3.1 is absolutely on point stating—“The Mixed Use districts are

focused on creating mixed, diverse neighborhoods. The Mixed Use districts are intended for corridors,

embedded neighborhood business areas and larger sites.” This site is all of these things. The site is

relatively large for urban standards, along a corridor as defined in Blueprint and serves a longstanding

embedded neighborhood businesses.

Denver Zoning Code 5.2.3.2. defines the specific intent of the U-MX-3 district as follows: “applies to

areas or intersections served primarily by local or collector streets where a building scale of 1 to 3 stories

is desired.” 29th and Tennyson are collector and arterial streets as defined in Blueprint Denver. With

limited exceptions, U-MX-3 is the general designation for nearly all other commercial areas along both

29th and Tennyson. The specific intent for U-MX-2 is for “local streets” which neither 29th nor Tennyson

are currently or are expected to be in 2040.

U-MX-3 for 4421 and 4433 West 29th is consistent with the Neighborhood context and Zone District

Purpose and intent.

Thank you for your thoughtful review of this application.

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TENNYSON CENTER FOR CHILDREN SIGNING AUTHORITY

RESOLUTION

RESOLVED that Tennyson Center for Children shall confirm signing authority for Officers of the Corporation on this day, May 19, 2017.

IT IS FURTHER RESOLVED that the following Officers be authorized to sign on behalf of the Corporation according to the Bylaws revised and adopted on January 27, 2017 by the full Board of Directors:

President & CEO Chief Operating Officer, who also serves as Secretary

IT IS FURTHER RESOLVED that the Board of Directors also authorizes signing authority with limitations defined by the President & CEO to the following key staff:

Chief Program Officer Chief Development Officer Director Finance, who also serves as Treasurer

IT IS FURTHER RESOLVED that the Board of Directors annually reviews and approves Standard Practice Bulletins, including ADM SPB 113 which outlines specific signing authorities the Officers of the Corporation and their designees .

..... --SO.RES.~ . V: D on this date, May 19, 2017. �--- ·-·-· ... _,

Signed bf,

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4421 & 4433 W. 29th Avenue Map Amendment Application to U-MX-3

Legal Description for Rezoning Application for 4421 & 4433 W 29th Avenue

SLOANS LAKE HEIGHTS BLOCK 12 LOTS 36 TO 48

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community planning deelopment rezoning guide · limited exceptions, u-mx-3 is the general...

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