At the WPENA November 2019 meeting, your neighborhood association hosted an informational session and discussion in response to some neighbors’ concerns about changes to South Gaylord Street’s merchants and buildings. For your use in understanding current conditions and future plans, as well as clarifying what is and is not permitted by zoning, we have assembled the following information to help “walk” you through the zoning code. At the conclusion, we have summarized the information session discussion. Please let us know if you have questions.
Summary of Principal Neighborhood Concerns
A few Old South Gaylord shops have closed, or tenants have moved or will be moving, and some space is now office space instead of retail or restaurants. Some neighbors believe new buildings are not providing required parking, some are concerned that office space will increase on-street parking demand in the surrounding neighborhood, some question whether office space is allowed or desirable, and some have said they don’t want to lose the historic charm of the street.
Summary of Issues Impacting Old South Gaylord Street
- Parking requirements for remodels: Per Denver’s zoning code, if buildings are renovated/remodeled, owners must maintain the existing number of parking spaces, at a minimum. A change in use from retail to office does not require additional on-site parking.
- Parking requirements for new construction: Per Denver’s zoning code, if buildings are demolished and rebuilt, they need to provide the number of parking spaces currently required under the zoning code.
- Parking exemptions for nearby transit and small lots: Per Denver’s zoning code, some exemptions to parking requirements are allowed if the building is close enough to a transit corridor (University Avenue, for example), and/or is on a “small lot,” like some lots on South Gaylord Street. This is intended to make it desirable and affordable to build smaller footprint buildings, to encourage the use of transit, and to create a pleasant, walkable environment.
- Market demand for parking and added cost of parking: The market often drives parking demand more than the zoning code. For example, some building owners struggle to lease space without parking. On-site or structured parking both make buildings more expensive for developers and owners, thus making rents higher for tenants, potentially furthering problems of small business turnover.
- Parking and permitting: Construction of a project, whether a renovation or new, should not be permitted unless it correctly meets zoning and parking requirements. Neighbors can call 311 to report concerns if they believe a project has been incorrectly permitted or is in violation of the zoning code.
- On-street parking concerns: Denver Public Works – Curbside & Parking: https://www.denvergov.org/content/denvergov/en/home-page/on-street-parking-and-meters.html can provide information about on-street parking issues and is the department tasked with responding to on-street parking issues, whether enforcement, signage, or residential parking permit zones.
- Retail or office use: Some neighbors have expressed concern about the loss of unique neighborhood street-level retail to new office space. Others suggest that a mix of office and retail tenants may support retailers that many Wash Park East neighbors have said they want to see because office workers tend to shop and dine where they work. The zoning code does not make a distinction between retail or office uses in a building.
- The market: Increases in property values drive up property taxes, which in turn increase rents for tenants. Increases in online shopping can bring a decline of in-store shopping. Land values also change for a variety of reasons over time. All can result in tenant turnover.
Neighborhood Concerns About Architectural Character
Some neighbors have expressed concern about the architectural character of new buildings and a desire to maintain the historic, small-scale charm of South Gaylord Street. The zoning code does not require any architectural character and South Gaylord Street is not an historic district. It is possible to establish an overlay zone district that can define the architectural character of the street or set requirements for active uses, such as commercial uses. An overlay district sits on top of the existing zoning code, setting additional requirements for buildings that can include: conservation, use, design, and incentive. Neighbors can learn more about overlay districts here in Division 9.4 Overlay Zone Districts by opening this PDF.
What Does the Zoning Code Control or Not Control?
The zoning code describes allowable building forms (the shape and size of the building), set-backs or build-to dimensions, height restrictions or requirements, transparency requirements, façade entry feature or entrance requirements, parking requirements, allowable encroachments, and exemptions. It generally, within certain limits, does not dictate the use of a building, but aims to control the form of the building and thus the resulting public realm.
What is the Zoning on South Gaylord Street and What Does it Allow?
Old South Gaylord is a U-MS-2 zone district, which translates into Urban (the neighborhood context) – Main Street (dominant building form and character) – 2 (the number of stories). This is different than that of the surrounding neighborhood, which is generally U-SU-2 (Urban, Single Unit, 2 stories). The zoning code rules for what can or cannot be built are complicated, there are exemptions and allowable encroachments, and it is best understood by reading the zoning code: https://www.denvergov.org/content/denvergov/en/community-planning-and-development/zoning/denver-zoning-code.html.
You can find and explore the zone district for any parcel here: https://denvergov.org/maps/map/zoning
U-MS-2 Zone District
For neighbors’ informational purposes only, we include this summary of the basics of the U-MS-2 zone district and allowable building forms. However, neighbors are strongly encouraged to contact Community Planning and Development (CPD) for specific questions.
Zone district descriptions: You can learn more about the description and intent of all of the zone districts here:
“The first element of your zone district represents the neighborhood context, the second part represents the dominant building form and character, and the third part represents the minimum zone lot size or maximum building height. Occasionally there is an additional number or letter as the fourth part, which represents a special purpose.”
For Old South Gaylord Street, the zone district is U-MS-2:
- U – Urban neighborhood context
- MS – Main Street is the dominant building form and character
- 2 – 2 stories maximum height
You can learn more about the specifics of U-MS-2 zone districts in “Article 5 – Urban” of the zoning code starting at Section 5.2.5 MAIN STREET DISTRICTS (U-MS-2, -2X, -3, -5): https://www.denvergov.org/content/dam/denvergov/Portals/646/documents/Zoning/DZC/Denver_Zoning_Code_Article5_Urban.pdf (opens PDF), some of which we have summarized below.
Section “5.2.5.1 General Purpose” outlines the intent of Main Street zone districts:
- The Main Street zone districts are intended to promote safe, active, and pedestrian-scaled commercial streets through building forms that clearly define and activate the public street edge.
- The Main Street zone districts are intended to enhance the convenience, ease and enjoyment of transit, walking, shopping and public gathering along the city’s commercial streets.
- The Main Street district standards are also intended to ensure new development contributes positively to established residential neighborhoods and character, and improves the transition between commercial development and adjacent residential neighborhoods.
Section “5.2.5.2 Specific Intent” describes the specific intent of zone district U-MS-2:
- Main Street 2 (U-MS-2) U-MS-2 applies to areas or intersections served primarily by local streets embedded within an existing or proposed neighborhood where a building scale of 1 to 2 stories is desired. The U-MS-2 district is intended to provide for appropriate locations for traditional corner commercial establishments located within a residential neighborhood.
And “5.3.3.3 District Specific Standards” sets out allowable “Building Forms” in U-MS-2 zone district:
The maximum number of structures per zone lot and building forms allowed by zone district is summarized in the following chart.
You can see that the “Town House” and the “Shopfront” building forms are “allowed” in U-MS-2 and “Drive Thru Services” and “Drive Thru Restaurant” are “allowed subject to geographic limitations.” No other building forms are allowed.
You can then look at each building form in detail, such as these following pages showing the information for the “Town House” and the “Shopfront” building forms.
The Town House Building Form Design
The “Town House” chart shows the “Design Standards.” This is a good place to look for the basic allowances or limitations on the “Town House” form for each “Zone District.” You can see U-MS-2 at the top, and then reading from the left, you can see different standards such as height, siting, design elements, and uses. Supplemental design standards do apply and are found in another chart.
The Shopfront Building Form Design Standards
Summary of WPENA November 2019 Informational Session and Discussion Regarding South Gaylord St
WPENA welcomed Abe Barge, Community Planning and Development (CPD) Senior City Planner; Aaron Grant, South Gaylord Merchant’s Association; Bret Fahrberger, Sr. Council Aide for Paul Kashmann, and approximately 40 neighbors to discuss recent changes to and future development on South Gaylord St.
Bret Fahrberger, Sr. Council Aide for Paul Kashmann, expressed Councilman Kashmann’s commitment to keeping future changes appropriate to the current architecture. He also pointed out that as property values increase, property taxes increase causing increases in the rent tenants pay. He reported that the city is looking at other retail areas of the city for ideas on how to cushion the impact of increasing property values and taxes.
Abe Barge, Community Planning and Development (CPD) Senior City Planner, provided an overview of the current zoning and comprehensive plan, including BluePrint Denver and the Comprehensive Plan 2040. He explained that Washington Park East does not yet have a neighborhood plan (these are advisory, not regulatory, plans), but will be getting one in the next three years as part of CPD’s Neighborhood Planning Initiative. Barge summarized that the zoning for Old South Gaylord Street generally allows two story buildings, and a maximum height of 30 feet, with exceptions for elevator extensions and stairway roof access. Regarding parking requirements, he explained that an owner’s choice to renovate or rebuild their building determines which parking requirements they can follow. If owners renovate (by keeping at least three of the original walls), they have a choice of using the old regulations, whereas if they demolish and build a new building, they must use the current regulations.
Aaron Grant, president of Old South Gaylord Merchant’s Association and owner and landlord of several properties on South Gaylord, including 1040 S. Gaylord (Park Co-working – www.parkcowprk.com), which has been converted to shared workspaces. He reported that one quarter of his tenants are nonprofits and ninety percent live within a half mile. This building caters to people who work from home but need occasional access to office space. He remodeled instead of building new because he would have needed a total of fifteen parking spaces and he only has eight. He also owns the building which housed Tended Thicket and plans to expand into that building. He also owns 1032/34 S Gaylord. The Tended Thicket building will not be demolished but will house at least three new businesses, so adjustments to the front of the building will be necessary. He also noted that Preferred Properties is moving out soon. Aaron shared that his property taxes increased 30% after the first year and 100% the second year, causing him to increase rents for his tenants.
During and after these presentations, there was considerable discussion about trying to get a zoning overlay for Old South Gaylord to restrict certain parameters such as height and architecture, which would take one to two years. Parking impact on the surrounding neighbors was also discussed, with possible fixes including better enforcement, meters, or expansion of the current areas requiring parking permits for surrounding streets. The owner of the Tended Thicket building (Aaron Grant) assured everyone that he does not plan to demolish the building, but will incorporate new office and retail businesses and incorporate additional space from the adjacent building to the north, which may require some changes to the exterior.
Specific questions and answers or comments included the following:
Parking Requirements and Demand
- What about parking requirements? Parking spots must be replaced if building new and is figured on square footage. Remodels can use existing parking spots.
- Definitions of what constitutes “remodeling” may be being followed by building owners to avoid building on-site parking. Some neighbors are concerned that doing so may cause higher demand for nearby on-street parking in the surrounding neighborhood.
- Why is there no enforcement of parking limits on S. Gaylord? Public Works is responsible, and will increase enforcement if it receives complaints. If new development causes increased parking in the nearby neighborhood, they may expand the permit parking or install meters.
- Do we want or need meters? Most in attendance felt it was nice not to have meters.
- Why are new buildings approved if they have insufficient parking? How can we tell? Call 311 and they will transfer you to someone who can look up the address and check whether it complies. Correcting a deficiency can be difficult if the building is already completed; the city could fine them.
- How much of an existing building must be kept to allow it to be classified as a remodel for parking exemptions? Three walls, but the rules are complex and allow a great deal of creativity.
Use of Buildings
- Is there a required ratio of retail to office space? No, the market prevails and the zoning code does not dictate whether the buildings must be retail or office.
- A neighbor reports that his “next door neighbor works on Old South Gaylord and walks to work 3 days a week on average. I think that this kind of development is very sustainable…However, the parking issues are real.”
- Will Old South Gaylord become another Cherry Creek North? Some neighbors at the meeting expressed the sentiment that they didn’t want Old South Gaylord Street to “be another Cherry Creek North.” [NB: Cherry Creek North has different zoning than Old South Gaylord Street.] Other neighbors expressed the notion that “Mixed use is good for retail and will improve Old South Gaylord.”
Cherry Creek north is C-CCN-8 (Urban Center Neighborhood-Cherry Creek North-8 stories), which is described as: CCN Cherry Creek North: Uses are similar to the B-3 district except that residential development is not permitted on the ground floor of any building. Proposed developments are reviewed by the CCN Design Advisory Board (DAB) for compliance with the CCN district guidelines. The goals of the district are to encourage a mixture of uses and to encourage low-scale, small lot development that reinforces and enhances the eclectic urban character of the area. Floor area premiums are available for open space and underground parking. Off-street parking requirements for retail uses is reduced and ground level residential development is not allowed.
- RINO has a new overlay in place that specifies what percentage of street level cannot be residential. It is currently the only area in Denver that has one like this.
Overlay Districts and Changes to Zoning
- Can we get special rules for our neighborhood? Yes, if the neighborhood wants to seek an overlay of the zoning requirements for all or part of the neighborhood.
- How long does an overlay take? One to two years, with help from your councilperson. Planning must be completed, all owners contacted, and sufficient support demonstrated before it goes to city council.
- Is it possible to place a moratorium on changes while an overlay is sought? Yes, but the city council must approve. In Boulder, moratoriums were used to delay construction along Pearl Street. In Denver, a moratorium on slot homes (narrow houses facing sideways in the lot creating dense development) delayed applications until new regulations were completed. Any slot homes being built now were approved before the zoning code amendment.
- How could zoning changes for S. Gaylord be completed quickly? Ask Cherry Creek North how they managed the process for their area.
Clarification About Parking for 1005 S Gaylord St
After the meeting, Abe Barge, CPD Senior City Planning, clarified that the “development [1005 S Gaylord St] was able to get a full parking exemption under the Denver Zoning Code Section 10.4.5.1.A Vehicle Parking Exemptions for Pre-Existing Small Zone Lots because the development is within ¼ mile of a high-frequency transit corridor. Last night, I said I didn’t think S. Gaylord Street was close enough to transit to qualify for the full exemption. That was incorrect – Blueprint Denver maps University Blvd. as a Transit Priority Street, which our Zoning Administrator has interpreted as matching ‘high frequency transit corridor objectives. Code subsection 10.4.5.1.A.3.b exempts square footage in the first two stories of buildings on zone lots smaller than 6,250 feet from all vehicular parking requirements when located within ¼ mile of transit service. Although bus service on University Blvd. currently runs about every 30 min., the Denver Moves: Transit Plan designates the street as a Medium-Capacity Transit Corridor, which should be developed with rapid bus (similar to the frequency of service on Broadway) or full bus rapid transit service in the future.”
“As I mentioned in the meeting, the small lot parking exemptions were tightened through a zoning code amendment in 2017. Previously, exemptions were available for all square footage on a small lot. The 2018 amendment narrowed the exemption to the first story of a building, or the first two stories when near transit, while continuing to allow the exemption for expansion of existing buildings. The intent of the exemption remains the same: To facilitate the reuse of existing buildings and encourage smaller infill projects rather than projects that consolidate lots and tear down the existing buildings. For South Gaylord Street, the exemption could facilitate smaller projects that are more consistent with the existing small-scale, eclectic, building environment and provide spaces for local businesses. However, it does come with the tradeoff of fewer parking spaces.”