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Council adopts legislative rezoning for near‑southeast neighborhoods after amendments, moving dozens of parcels from former Chapter 59 into Denver zoning code

January 06, 2025 | Denver (Consolidated County and City), Colorado


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Council adopts legislative rezoning for near‑southeast neighborhoods after amendments, moving dozens of parcels from former Chapter 59 into Denver zoning code
Council Member Alvidrez put Council Bill 24‑1644 on the floor for final passage as amended; the council adopted the bill after voting to approve a sponsor amendment offered by Council Member Cashman.

CPD Principal City Planner Fran Peña Fiel and colleagues described the legislative rezoning as an implementation step for the Near Southeast Area Plan. Peña Fiel said the project has two primary goals: improve design standards along centers and corridors (for example, Colorado Boulevard, Evans Avenue and Leetsdale Drive) and bring properties currently zoned under the former Chapter 59 into the Denver zoning code so modern standards and predictable entitlements apply.

Joe Green and Fritz Claessen of CPD detailed the proposed map changes across neighborhoods — University Hills, Goldsmith, Virginia Village, Indian Creek and Washington‑Virginia Vale — and described the proposed use of the SMX‑A series on commercial corridors plus residential districts for interior blocks. Staff said the rezoning follows adopted plans (Comprehensive Plan 2040, Blueprint Denver and the Near Southeast Area Plan), includes an equity analysis, and allows incentive heights tied to on‑site affordable housing where applicable.

CPD reported seven public comment letters and one registered neighborhood organization (RNO) letter; three letters and the RNO letter concerned 365 South Quebec Street, and staff said mediation produced an agreement for that parcel. Staff also said the sponsors provided a grace period for property owners with active site development plans or concept plans on file before the application date (Sept. 12, 2024): such projects that are approved by March 12, 2026 may proceed under the prior zoning for the current application.

Council Member Cashman moved an amendment that removed a roughly 12‑acre former CDOT parcel at Arkansas and Birch from the rezoning scope and adjusted a couple of map citations and dates; the amendment passed by roll call, 11–0. After discussion, the council placed the bill on final consideration as amended and passed it by roll call, 11–0.

Property owner counsel Lindsey Lyda asked the council to consider a higher base height for one parcel (2001 South Dahlia Street) and requested the SMX‑5A district rather than the staff‑proposed SMX‑3A; she noted the property is approximately 1 acre and close to transit and that current entitlements on adjacent sites permit five stories. Neighborhood advocate Jesse Paris again urged caution and asked what would be built, citing concerns about displacement and traffic. Council sponsors and several members — including Council Members Cashman, Sawyer and Romero Campbell — praised CPD’s outreach and said the rezoning executes long‑running plan goals to improve design on corridors and bring predictability to outdated Chapter 59 zoning.

Because this action is a legislative map amendment, affected parcels will follow the new land‑use districts going forward; property owners retain the option to seek higher entitlements via applicant‑initiated rezoning processes if they wish.

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