f: 720.865.3052 www.denvergov.org/CPD
TO: Denver Planning Board
FROM: Brandon Shaver, Senior City Planner
DATE: September 29, 2021
RE: Official Zoning Map Amendment Application #2021I-00006 3405 W. 37th Ave.
Rezoning from U-SU-B to U-TU-B Staff Report and Recommendation
Based on the criteria for review in the Denver Zoning Code, Staff recommends denial for Application
#2021I-00006.
Request for Rezoning
Address: 3405 West 37th Avenue
Neighborhood/Council District: West Highland / Council District 1 – Amanda Sandoval
RNOs: Inter-Neighborhood Cooperation (INC), Denver For All, District 1 Neighborhood Coalition Inc., West 38th Avenue Neighborhood Association, West Highland Neighborhood Association
Area of Property: 6,250 square feet or 0.14 acres
Current Zoning: U-SU-B
Proposed Zoning: U-TU-B
Property Owner(s): Travis Pascoe & Kenneth Linzmeyer Owner Representative: Kenneth Linzmeyer
Summary of Rezoning Request
• The subject property is in the West Highland statistical neighborhood at the northwest corner of West 37th Avenue and North Julian Street.
• The property, owned by Travis Pascoe and Kenneth Linzmeyer, is currently occupied by a 1-story single-unit residence built in 1928 with a detached garage in the rear, abutting the alley.
• The property owner is proposing to rezone the property to allow for a detached garage and accessory dwelling unit with a footprint larger than 864 square feet.
• The requested U-TU-B Urban, Two-Unit, B (4,500 square foot minimum zone lot size) is a residential zone district that allows urban house, duplex and tandem house as primary building forms.
• The detached garage and detached accessory dwelling unit building forms are available in the U- TU-B zone district, but the accessory dwelling unit use is only allowed accessory to a single-unit residential use.
• Further details of the requested zone district can be found in the proposed zone district section of the staff report (below) and in Article 5 of the Denver Zoning Code (DZC).
Existing Context
The subject property is located in the West Highland on the northwest corner of North Julian Street and West 37th Avenue. The area is primarily comprised of single-unit residential uses with some two-unit residential uses dispersed throughout. Multi-unit residential and mixed uses can be found along West 38th Avenue to the north. The subject property is served by RTD bus route 38 along West 38th Avenue with stops at North Lowell Boulevard and North Irving Street.
The following table summarizes the existing context proximate to the subject site:
Existing
Zoning Existing
Land Use Existing Building Form/Scale Existing Block, Lot, Street Pattern
Site U-SU-B Single-Unit Residential 1-story brick bungalow with enclosed
front porch Generally regular grid of streets.
Block sizes and shapes east of North Lowell Boulevard are consistent and rectangular with longer side of block face oriented east-west, opposite of standard Denver block layout.
Vehicle parking to the rear of buildings (alley access) and on- street with detached sidewalks and tree lawns.
North U-SU-B Single-Unit Residential
1-story brick ranch oriented towards North Julian Street with moderate setback
East U-SU-A Single-Unit Residential
2-story residence oriented towards North Julian Street
South U-SU-A Single-Unit Residential 2-story brick residence oriented towards North Julian Street
West U-SU-B Single-Unit Residential 1-story brick bungalow with moderate setback
1. Existing Zoning
The U-SU-B zone district is a single-unit district allowing only the Urban House primary building form on a minimum zone lot of 4,500 square feet. The maximum allowed height is 2.5 stories or 30 to 35 feet in the front 65% of the zone lot, and 1 story or 17 feet to 19 feet in the rear 35% of the zone lot. It allows two accessory structure forms: Detached Garage and Other Detached Accessory Structure with a maximum height of 15 to 17 feet. The intent of the district is to promote and protect residential neighborhoods within the character of the Urban Neighborhood Context.
Urban (U) Neighborhood Context Zone District
Building Forms
Suburban House Urban House Duplex Tandem House Row House Garden Court Town House Apartment Drive Thru Services Drive Thru Restaurant General Shopfront
Max Number of Primary Structures
Per Zone Lot 1* 1* 1* 2 No Maximum
Single
Unit (SU) U-SU-B ▀ *See Section 1.2.3.5 for exceptions
2. Existing Land Use Map
3. Existing Building Form and Scale
Site - Aerial view, looking south (Source: Google Maps)
Site - from North Julian Street & West 37th Avenue (Source: Google Maps)
Site – from alley (Source: Google Maps)
North – from North Julian Street (Source: Google Maps)
East – from North Julian Street (Source: Google Maps)
South – from West 37th Avenue (Source: Google Maps)
West – from West 37th Avenue (Source: Google Maps)
Proposed Zoning
The requested U-TU-B zone district allows up to two units in either the Duplex or Tandem House building forms on a minimum zone lot area of 4,500 square feet. Urban House building forms are also allowed on certain smaller zone lots. The zone district has a maximum height of 30’ to 35’ with allowable height exceptions. The minimum primary street setback for all the above building forms is based on a block sensitive setback. Where a block sensitive setback does not exist, this setback is 20’.
Minimum vehicle parking requirements in the U-TU-B zone district are the same as the minimum vehicle parking requirements in the existing U-SU-C zone district. For additional details of the requested zone district, see Denver Zoning Code Article 5.
The primary building forms allowed in the existing zone district and the proposed zone district are summarized here:
Design Standards U-SU-B (Existing) U-TU-B (Proposed) Primary Building Forms
Allowed Urban House Urban House, Duplex,
Tandem House Height in Stories / Feet (max) 2.5 stories / 30’ front 65%; 1
story / 17’ rear 35% 2.5 stories / 30’ front 65%; 1 story / 17’ rear 35% for Urban House and Duplex building form, 2.5 stories / 30’ front 65% and 24’ rear 35% for Tandem House building form
DADU Maximum Height in
Stories / Feet DADUs not permitted 1.5 stories / 24’
Primary Street Build-To
Percentages (min) N/A N/A
Primary Street Build-To
Ranges N/A N/A
Minimum Zone Lot
Size/Width 4,500 sf / 35’ 4,500 sf / 35’
Primary Street Setbacks (min) 20’* 20’*
Building Coverages (max) 37.5% 37.5%
*where block sensitive setback does not apply
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:
Department of Transportation and Infrastructure: Surveyor Approved – See Comments Below
Please see attached Approved Legal Description
Development Services – Project Coordination Approved – No Comments
Development Services – Wastewater Approved – See Comments Below
There is no objection to the rezone. Upon rezoning applicant will need to obtain a building permit.
Independent sanitary service lines may be required, historical drainage paths must be maintained.
Approval of this rezone on behalf of Wastewater does not state, or imply, public storm/sanitary infrastructure can, or cannot, support the proposed zoning. Commitment to serve proposed structure will be based on permit issuance.
Denver Department of Health and Environment Approved – No Comments
Denver Parks and Recreation Approved – No Comments Asset Management Approved – No Comments Public Review Process
Date CPD informational notice of receipt of the rezoning application to all affected
members of City Council, registered neighborhood organizations, and property
owners: 5/17/21
Staff reached out to RNO and applicant to better understand the request and make
applicant aware of plan inconsistencies 8/4/21
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: 9/21/21
Planning Board Public Hearing: 10/6/21
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): 10/1/21 Land Use, Transportation and Infrastructure Committee of the City Council meeting
(tentative): 10/12/21
Property legally posted for a period of 21 days and CPD notice of the City Council public hearing sent to all affected members of City Council and registered
neighborhood organizations (tentative): 11/1/21 City Council Public Hearing (tentative): 11/22/21
Public Outreach and Input
o Registered Neighborhood Organizations (RNOs)
As of the date of this report, staff received one written comment from an RNO pertaining to this application.
• One letter in opposition of this application was received from the West Highland Neighborhood Association. The letter is attached to this staff report
o Other Public Comment
As of the date of this report, staff has not received written public comment pertaining to this application.
The applicant included signed letters from neighbors with the initial application submittal.
• The letter sent to neighbors indicates the applicant’s wish to build an
accessory dwelling unit above a new garage but does not explain that a duplex or tandem house could also be constructed under the requested U-TU-B zoning. The letters are attached to this staff 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 currently apply to this property:
• Denver Comprehensive Plan 2040
• Blueprint Denver (2019) Denver Comprehensive Plan 2040
The proposed rezoning is consistent with some of the adopted Denver Comprehensive Plan 2040 strategies, which are organized by vision element.
The proposed rezoning would allow infill development that broadens the range of housing types available, consistent with the following strategy in the Strong and Authentic Neighborhoods vision element:
• Strong and Authentic Neighborhoods Goal 1, Strategy B – Ensure neighborhoods offer a mix of housing types and services for a diverse population (p. 34).
Similarly, the proposed rezoning would allow infill development that may help to conserve land and grow responsibly, consistent with the following strategy in the Environmentally Resilient vision element:
• Environmentally Resilient Goal 8, Strategy A – Promote infill development where infrastructure and services are already in place (p. 54).
However, the proposed rezoning is not consistent with the following strategy in the Strong and Authentic Neighborhoods vision element as it would allow different building forms than what is currently in the neighborhood.
• Strong and Authentic Neighborhoods Goal 1, Strategy D – Encourage quality infill development that is consistent with the surrounding neighborhoods and offers opportunities for increased amenities (p. 34).
In summary, the proposed rezoning is consistent with some of the plan policies identifying the need for an increase in housing options and for a variety of housing types to be offered. The rezoning request would allow more and different building forms that could accommodate a wider variety of housing types within the neighborhood. The request would allow for infill development that may provide additional units that would help with responsible growth.
However, as noted above, the proposed rezoning is inconsistent with Denver Comprehensive Plan 2040 goals to encourage quality infill development that is consistent with the surrounding neighborhood. The new building forms and higher intensity of uses that would be allowed in the requested zone district are not consistent with the building forms found near the subject site and surrounding blocks.
Blueprint Denver (2019)
Blueprint Denver was adopted in 2019 as a supplement to Comprehensive Plan 2040 and establishes an integrated framework for the city’s land use and transportation decisions. Blueprint Denver identifies the subject property as part of a Low Residential Area within the Urban Neighborhood Context and provides guidance from the future growth strategy for the city.
Blueprint Denver Future Neighborhood Context
In Blueprint Denver, future neighborhood contexts are used to help understand differences in land use and built form and mobility options at a higher scale, between neighborhoods. The subject property is within the Urban Neighborhood Context. “The urban neighborhood context is widely distributed throughout the city. Homes vary from multi-unit developments to compact single-unit homes.
Development in this context should be sensitive to the existing neighborhood character and offer residents a mix of uses, with good street activation and connectivity.” (p. 221).
The proposed U-TU-B zone district is part of the Urban Neighborhood Context and would allow two-unit uses, consistent with the intent of the Urban neighborhood context in Blueprint Denver.
Blueprint Denver Future Places
The Urban Neighborhood Context provides nuance to the aspirations of the individual places shown on the map. The Future Places Map shows the subject property as part of a Residential Low place type.
Blueprint Denver describes the aspirational characteristics of Residential Low places in the Urban context as, “Predominately single- and two-unit uses on smaller lots. Accessory dwelling units and duplexes are appropriate and can be thoughtfully integrated where compatible. Medium building coverage. Buildings are generally up to 2.5 stories in height” (p. 230). Blueprint Denver provides further guidance for proposed rezonings in Residential Low places regarding uses and minimum lot sizes. The plan states “Although the description of the low residential places includes both single-unit and two-unit uses, two-unit uses are not appropriate in all low [residential] areas. When a rezoning request is made to change the zoning to allow two-unit uses, the appropriateness of the request depends upon adopted small area plan guidance, neighborhood input, and existing zoning patterns. A departure from the established zoning pattern may be appropriate if the intent is to set a new pattern for the area, as expressed by an adopted small area plan or significant neighborhood input” (p. 231). In this case, there is no adopted small area plan, there has been mixed input received from the community and the existing zoning pattern is entirely single-unit (SU) where Residential Low is mapped. The letters of support for this application do not express a specific intent to establish a new zoning pattern for the area, but rather speak to the potential development of a detached accessory dwelling unit. Therefore, the rezoning request is not consistent with Blueprint Denver’s additional guidance for evaluating map amendment requests in the Residential Low place type. The current zone district of U-SU-B aligns well with the residential low place type description.
Street Types
In Blueprint Denver, Future Street Types work in concert with the Future Places to evaluate the appropriate intensity of adjacent development (p. 67). North Julian Street and West 37th Avenue are both classified as local or undesignated streets, which “can vary in their land uses and are found in all neighborhood contexts. They are most often characterized by residential uses” (p. 161). The local street type identified in the plan does not envision a different street type than what already exists. The current place designation of residential low and local street type work together to identify appropriate
development intensity.
The requested zone district, U-TU-B, is consistent with Blueprint Denver’s identified street type as it would maintain a low-scale residential use along local streets.
Growth Strategy
Blueprint Denver’s growth strategy map is a version of the future places map, showing the aspiration for distributing future growth in Denver (p. 51). The subject property is part of a Residential Low place type.
Residential Low places fall under “all other areas of the city” on the growth strategy map, which are anticipated to see 20% of new housing and 10% of new jobs by 2040. The areas are designated to “take a smaller amount of growth intended to strengthen the existing character of our neighborhoods” (p. 49).
The proposed U-TU-B zone district would allow for additional housing types and while not appropriate in this location, is consistent with the growth strategy for the city.
Additional Applicable Strategies
The proposed rezoning is inconsistent with the following strategy from Blueprint Denver:
• Land Use and Built Form – Housing Policy 2, Strategy A – Integrate missing middle housing into low and low-medium residential areas, especially those that score low in Housing Diversity. This should be implemented through holistic revisions to the zoning code at a citywide scale, with a focus on discouraging demolition and encouraging affordability (p. 82).
The proposed map amendment is inconsistent with this strategy as it would be a single site rezoning that does not contribute to a holistic revision to the zoning code at a citywide scale that discourages demolition and encourages affordability.
2. Uniformity of District Regulations and Restrictions
The proposed map amendment to U-TU-B will result in the uniform application of zone district building form, use and design regulations across the site.
3. Public Health, Safety and General Welfare
The proposed official map amendment does not further the public health, safety and general welfare of the city. The U-TU-B zone district in this location is inconsistent with Blueprint Denver’s plan policies and additional guidance on proposed rezonings in residential low areas as outlined above. Therefore, it does not contribute to implementing the city’s adopted land use plan which was adopted to further public health, safety and general welfare.
4. Justifying Circumstance
The application identifies changing conditions as the Justifying Circumstance under DZC Section 12.4.10.8.A.4, “Since the date of the approval of the existing Zone District, there has been a change to such as degree that the proposed rezoning is in the public interest. Such a change may include: Changed or changing conditions in a particular area, or in the city generally; or a city adopted plan; or that the city adopted the Denver Zoning Code and the property retained Former Chapter 59 zoning.”
The changes described in the application (additional residential intensity along West 38th Avenue without transitions to the abutting neighborhood) do not warrant the allowance for additional building forms at this location. Since the residential areas of the neighborhood were zoned as single-unit in 2010 and there is no new neighborhood plan direction to suggest that rezoning to two-unit is appropriate, the rezoning request to U-TU-B is not justified as being in the public’s interest.
5. Consistency with Neighborhood Context Description, Zone District Purpose and Intent Statements
The requested U-TU-B zone district is within the Urban Neighborhood Context. The neighborhood context generally consists of single-unit and two-unit residential uses in a regular block pattern with
consistent alleys (DZC, Division 5.1). The current zone district, U-SU-B, is also within the Urban
Neighborhood Context. This portion of the West Highland neighborhood fits the description of an Urban neighborhood as described above. The proposed rezoning to U-TU-B would allow development
consistent with the neighborhood context description.
However, according to DZC Section 5.2.2.1, General Purpose, the intent of the residential zone districts is to “promote and protect residential neighborhoods within the character of the Urban neighborhood context.” Further, “the regulations provide certainty to property owners, developers, and
neighborhoods about the limits of what is allowed in a residentially-zoned area. These regulations are also intended to reinforce desired development patterns in existing neighborhoods while
accommodating reinvestment.” Rezoning to U-TU-B would allow redevelopment that is different from the existing development pattern of this neighborhood, which is not consistent with this intent statement.
Attachments
1. Rezoning application 2. Public comments 3. RNO comments