COMMUNIT PLANNING & DVLOPMNT RZONING GUID...• The customer researches the property’s current...

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COMMUNITY PLANNING & DEVELOPMENT

www.denvergov.org/rezoning201 W. Colfax Ave., Dept. 205

Denver, CO 80202

720-865-2974 • [email protected]

REZONING GUIDE

Last updated: October 16, 2019

Policies and Standards That Apply

• Denver Zoning Code

• Denver Comprehensive Plan 2040

• Blueprint Denver: An Integrated Land Use and Transportation Plan (2019)

• Other applicable plans

What’s in the Customer Guide?

• Page 1 Overview

• Page 2-7 Process and Contact Information

• Attached Forms

• Rezoning Pre-Application Review Request

• Zone Map Amendment (Rezoning) Application

• Zone Map Amendment (Rezoning) for PUD Application (available from Case Manager after Pre-Application meet-ing)

• Sign Specifications for Planning Board Public Hearing

• Sign Posting Affidavit for Planning Board Public Hearing

• Sign Specifications for City Council Public Hearing

• Sign Posting Affidavit for City Council Public Hearing

REZONING - OverviewUse this guide for a zone map amendment, or rezoning, when changing the zoning designation of private property. The guide presents a general overview of the rezoning process, and individual circumstances may affect the complex-ity and timeline. This guide is for informational purposes only and does not replace zoning code requirements and other standards.

Reviews and Approvals Required

• Community Planning and Development Department Review

• Other City agency reviews

• Planning Board recommendation to City Council

• City Council approval

http://www.denvergov.org/rezoning

mailto:rezoning%40denvergov.org?subject=

http://www.denvergov.org/zoning

http://www.denvergov.org/cpd

http://www.denvergov.org/blueprint

http://www.denvergov.org/blueprint

http://www.denvergov.org/cpd

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Process Steps

uComplete a pre-application review

• A pre-application review meeting is a required step and must be completed prior to submitting an application for a rezoning. There is no fee.

• The customer researches the property’s current zoning as well as a zone district(s) he or she would potentially seek in a rezoning.

• The customer completes and submits the Pre-Application Review Request form by e-mail to Community Planning and Development. Upon receipt of the form, a case manager will be assigned to the application.

• If the site is over 5 acres the Large Development Review (LDR) process may be required. To determine whether LDR is required, the applicant should submit a proj-ect application form to Development Services. The pre-application meeting for the potential LDR will be held prior to the rezoning pre-application meeting.

• The case manager will contact the customer to schedule the pre-application meet-ing, and it will generally occur within two weeks of submitting the request.

• At the pre-application meeting, the customer and case manager will discuss the request and the rezoning process.

vConduct informal public outreach

• The customer should make contact with the affected community (e.g. adjacent property owners, registered neighborhood organizations, and other stakeholders) to familiarize them with the proposal and identify any potential issues.

• The customer may also find it beneficial to touch base with the applicable City Council Member. After an application is submitted, the Council Member is in a “quasi-judicial” role and can advise the rezoning applicant only on the process but not on the content.

• The customer should continue public outreach throughout the entire rezoning process to keep the community informed.

REZONING - Process An overview of a typical rezoning process.

2 weeks

varies

2 weeks

4 weeks (varies)

3-4 weeks

* This is a typical timeframe estimate. Unique circumstances and/or rezoning complexity will adjust the timeframe.

Contact InformationCommunity Planning & Development (CPD)[email protected] W Colfax Ave, 2nd FloorDenver, CO 80202

Pre-Application Review Requestwww.denvergov.org/rezoning

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Timeframe

Registered Neighborhood Organizations (RNOs)www.denvergov.org/rno

City Council Memberswww.denvergov.org/citycouncil

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{ 1 week

4-6 Months *

4 weeks 4 weeks1 week

Planning Board public hearing scheduled

Public comments welcome

Public Hearing Public Hearing

Large Development Reviewwww.denvergov.org/largedevelopmentreview

Development Services720.865.2982, Option [email protected]



http://www.denvergov.org/rno

http://www.denvergov.org/citycouncil

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wSubmit a complete application

• The customer submits a complete, signed application in electronic format, a Micro-soft Word document containing the legal description for the area proposed to be rezoned, and the required fee to CPD. Checks should be made payable to “Manager of Finance” and must be mailed or delivered to CPD. To pay by credit card, contact CPD.

• Within 15 calendar days from the date of receipt, CPD will review the application for completeness. If it is not complete, CPD will contact the customer. If the application is complete, the case manager will facilitate Step 4.

Notification

• CPD will send informational notice of receipt of the complete application to the following parties:

1. City Council Member(s) in whose district the property to be rezoned is located and at-large City Council Members (via e-mail).

2. Registered Neighborhood Organizations (RNOs) registered according to the Denver Revised Municipal Code (D.R.M.C.) Section 12-94 whose boundaries en-compass within 200 feet of the area proposed to be rezoned (via e-mail).

3. Property owners whose property is located within 200 feet of the proposed rezoning will received a postcard notification via U.S. mail (includes property to be rezoned).

• RNO and public comments are welcomed at this time.

xCity review and customer resubmittal, if necessary

Review

• The case manager will review and analyze the rezoning request for consistency with applicable City plans and regulations.

• Various City agencies and departments will also review the application.

• All review comments will be provided to the customer, and the case manager will request a revised application, if necessary.

Resubmittal, If Necessary

• The customer shall revise the application to address the review comments and submit the revised application to CPD.

• The revised application will be reviewed again to ensure all comments have been addressed.

• There may be more than one cycle of review and resubmittal.


Zone Map Amendment Application and Feewww.denvergov.org/rezoning

Submit [email protected]

Resubmit [email protected]



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yPlanning Board public hearing

The Planning Board will hold a noticed public hearing and make a recommendation to City Council for approval, approval with conditions, or denial of the application.

Scheduling

• The case manager will schedule the Planning Board public hearing date and notify the customer.

Property Posting

• The customer is required to post sign(s) on the subject property a minimum of 15 calendar days prior to the Planning Board public hearing date.

• The case manager will notify the customer of the posting dates and e-mail a sign posting template and instructions.

• The customer must submit a signed affidavit to the case manager attesting to properly posting the public notification signage.

Notification

• CPD will notify the following parties 15 calendar days prior to the scheduled Planning Board hear-ing date:

1. The City Council Members in whose district the property is located and at-large City Council Members

2. Registered Neighborhood Organizations (RNO’s) registered according to the Denver Revised Municipal Code (D.R.M.C.) Section 12-94 whose boundaries encompass or are located within 200 feet of the proposed rezoning.

3. Property owners whose property is located within 200’ of the proposed rezoning (includes property being rezoned) will receive a mailed postcard notice.

• RNOs are requested to provide their official position by taking a vote and submitting the RNO Posi-tion Statement.

• RNOs and other members of the public are encouraged to submit their comments as early as pos-sible in advance of the Planning Board hearing date so that they may be addressed.

At the Planning Board Hearing

• The case manager will present the application and CPD recommendation.

• The customer should attend the hearing and will have an opportunity to present to the Board and answer questions. All presentation materials are required to be submitted to the case manager by noon 7 days before the Planning Board hearing.

• Any member of the public can attend and present testimony.

• The Board will make a recommendation to City Council for approval, approval with conditions, or denial of the rezoning application. In some cases, the Board may hold the item and continue it to a later date for further discussion.

After the Planning Board Hearing

• The customer submits the required mailed rezoning notice fee to CPD. Checks should be made pay-able to “Manager of Finance” and must be mailed or delivered to CPD. To pay by credit card, contact CPD.


Planning Board1st and 3rd Wednesday3:00 pmCity & County Building1437 Bannock StRoom 391

RNO Position Statement www.denvergov.org/rezoning



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zCity Council’s Land Use, Transportation & Infrastructure Committee meeting

The Land Use, Transportation & Infrastructure Committee will hold a noticed and televised meeting and determine if the application is ready for full City Council consider-ation.

Scheduling

• The Committee meeting is scheduled after Planning Board has made a recom-mendation to City Council (Step 5). The Land Use, Transportation & Infrastructure Committee meeting typically occurs three to four weeks after the Planning Board hearing, and the case manager will notify the customer of the meeting date.

Property Posting - There are no posting requirements during this phase.

Notification

• CPD will notify City Council Members and Registered Neighborhood Organizations within 200’ of the area proposed to be rezoned via e-mail 10 working days before the meeting date. RNOs and other members of the public are encouraged to submit their comments as early as possible in advance of the meeting date so that they may be addressed.

At the and Use, Transportation & Infrastructure Committee Meeting

• The case manager will present the application, CPD recommendation, and Planning Board recommendation. The customer should attend the meeting to answer ques-tions.

• In some cases, the Committee may accept public comments.

• The Committee will decide whether the application is ready for full City Council hearing and action. If so, the application will proceed. In some cases, the Commit-tee may hold the item and continue it to a later date for further discussion.

{Mayor-Council meeting

The Mayor-Council meeting will be held to inform the Mayor’s office of pending applica-tions scheduled for City Council First Reading.

Scheduling

• Mayor-Council occurs the Tuesday following the and Use, Transportation & Infra-structure Committee meeting (Step 6).


Notification - There are no notification requirements during this phase.

At the Mayor-Council Meeting

• The case manager will present the application to the Mayor and City Council. The customer is not expected to attend this meeting.


Land Use, Transportation & Infrastructure CommitteeMost Tuesdays10:30 amCity & County Building1437 Bannock StRoom 391

Mayor-Council MeetingMost Tuesdays9:30 amCity & County Building1437 Bannock St Parr-Widener Community Room, Room 389



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REZONING GUIDE


|City Council First Reading of the Ordinance

At the City Council First Reading, City Council will read the ordinance to change the zon-ing and schedule the rezoning for a public hearing.

Scheduling

• City Council First Reading of the Ordinance occurs the Monday following the Mayor-Council Meeting (Step 7).


Notification - There are no notification requirements during this phase.

At the City Council Meeting

• The case manager attends the meeting but does not provide a presentation. The customer is not usually expected to attend this meeting.

• City Council may postpone the public hearing to allow for further discussion.

}City Council public hearing

The City Council will hold a noticed and televised public hearing and approve, approve with conditions, or deny the rezoning application.

Scheduling

• The City Council Public Hearing occurs four weeks after the first reading (Step 8).

Property Posting

• The customer is required to post sign(s) on the subject property a minimum of 21 calendar days prior to the City Council public hearing date.

• The case manager will notify the customer of the posting dates and e-mail a sign posting template and instructions.

• The customer must submit a signed affidavit to the case manager attesting to prop-erly posting the public notification signage.

Notification

• CPD will notify City Council Members and Registered Neighborhood Organizations within 200’ of the area proposed to be rezoned via e-mail 21 calendar days prior to the scheduled City Council hearing date. RNOs and other members of the public are encouraged to submit their comments as early as possible in advance of the City Council hearing date so that they may be addressed.

• The City Clerk arranges publishing of legal notice for the City Council Public Hearing in The Daily Journal.

At the City Council Hearing

• The case manager will present the application, CPD recommendation, and recom-mendations from the Planning Board and and Use, Transportation & Infrastructure Committee.


City Council MeetingMost Mondays5:30 pmCity and County Building1437 Bannock StCity Council Chambers, 4th floor

City Council MeetingMost Mondays5:30 pmCity and County Building1437 Bannock StCity Council Chambers, 4th floor



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REZONING GUIDE


Zoning Mapwww.denvergov.org/zoning

• The customer must attend the public hearing and will have an opportunity to pres-ent to the City Council.

• City Council will vote to approve, approve with conditions, or deny the application.

~Next Steps

• If the rezoning is approved or approved with conditions by City Council (Step 9), it will be forwarded to the Mayor for signature. Once signed, the rezoning becomes effective the Thursday after the public hearing when the City Clerk publishes the adopted ordinance. The official zoning map will be updated to reflect the change within two weeks.

• Planned Unit Development (PUD) map amendments are subject to vesting notifica-tion. CPD will prepare and record the Vesting of Property rights document with the Clerk and Recorder within 14 calendar days of signing of the ordinance.

• If the rezoning is denied, City Council’s decision may be appealed to the Denver District Court.

• If the rezoning is denied, another rezoning application for the same zoning district cannot be submitted until 12 months has passed from the City Council public hear-ing date. If a rezoning application proposes a different zoning district, there is no minimum amount of time before an application can be submitted.




http://www.denvergov.org/zoning

Rezoning Pre-Application Review Request


Return completed form to [email protected] 201 W. Colfax Ave., Dept. 205

Denver, CO 80202


REZONING GUIDE

Last updated: November 4, 2016

Ii i DENVER • THE MILE HIGH CITY

Rezoning Pre-Application Review Request Save this form to your computer and return it as an email attachment when complete

SUBJECT PROPERTY INFORMATION

Property Address(es)

Nearest Major Intersection

Total Area

Current Zoning

CONTACT INFORMATION

Pre-Applicant

Name

Company Name

Email Address

Phone:

Please indicate if you are: o Property Owner o Owner Representative o Other (specify below)

POTENTIAL REQUEST

Describe the purpose/reason for rezoning including wheth-er any demolition is proposed (e.g., redevelop the site, reuse an existing building, expand the permitted uses)

Potential zone districts for discussion

Describe any contact with City agencies or departments regarding this property or project (e.g., Neighborhood Inspection Services, Develop-ment Services)


Rezoning Application Page 1 of 3



Denver, CO 80202


REZONING GUIDE

Last updated: August 29, 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 (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 Ofce.

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:





Denver, CO 80202


REZONING GUIDE


REVIEW CRITERIA

General Review Crite-ria: The proposal must comply with all of the general review criteria

DZC Sec. 12.4.10.7

□ Consistency with Adopted Plans: The proposed ofcial 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 adoption of the City’s Plan.

Please provide an attachment describing relevant adopted plans and how proposed map amendment is consistent with those plan recommendations; or, describe how the map amendment is necessary to provide for an unantici-pated community need.

□ Uniformity of District Regulations and Restrictions: The proposed ofcial map amendment results in regula-tions and restrictions that are uniform for each kind of building throughout each district having the same clas-sifcation and bearing the same symbol or designation on the ofcial map, but the regulations in one district may difer from those in other districts.

□ Public Health, Safety and General Welfare: The proposed ofcial map amendment furthers the public health, safety, and general welfare of the City.

Additional Review Cri-teria for Non-Legislative Rezonings: The proposal must comply with both of the additional review criteria

DZC Sec. 12.4.10.8

Justifying Circumstances - One of the following circumstances exists:□ The existing zoning of the land was the result of an error. □ The existing zoning of the land was based on a mistake of fact. □ The existing zoning of the land failed to take into account the constraints on development created by the

natural characteristics of the land, including, but not limited to, steep slopes, foodplain, unstable soils, and inadequate drainage.

□ 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: a. Changed or changing conditions in a particular area, or in the city generally; or, b. A City adopted plan; or c. That the City adopted the Denver Zoning Code and the property retained Former Chapter 59 zoning.

□ It is in the public interest to encourage a departure from the existing zoning through application of supple-mental zoning regulations that are consistent with the intent and purpose of, and meet the specifc criteria stated in, Article 9, Division 9.4 (Overlay Zone Districts), of this Code.

Please provide an attachment describing the justifying circumstance.

□ The proposed ofcial map amendment is consistent with the description of the applicable neighborhood context, and with the stated purpose and intent of the proposed Zone District.

Please provide an attachment describing how the above criterion is met.

REQUIRED ATTACHMENTS

Please ensure the following required attachments are submitted with this application:

□ Legal Description (required to be attached in Microsoft Word document format) □ Proof of Ownership Document(s) □ Review Criteria, as identifed above

ADDITIONAL ATTACHMENTS

Please identify any additional attachments provided with this application:

□ Written Authorization to Represent Property Owner(s) □ Individual Authorization to Sign on Behalf of a Corporate Entity

Please list any additional attachments:





Denver, CO 80202


REZONING GUIDE


PROPERTY OWNER OR PROPERTY OWNER(S) REPRESENTATIVE CERTIFICATION/PETITION

We, the undersigned represent that we are the owners of the property described opposite our names, or have the authorization to sign on behalf of the owner as evidenced by a Power of Attorney or other authorization attached, and that we do hereby request initiation of this application. I hereby certify that, to the best of my knowledge and belief, all information supplied with this application is true and accurate. I understand that without such owner consent, the requested ofcial map amendment action cannot lawfully be accomplished.

Property Owner Name(s)

(please type or print legibly)

Property Address

City, State, Zip

Phone

Email

Property Owner In-terest % of the Area of the Zone Lots to Be Rezoned

Please sign below as an indication of your consent to the above certifcation state-ment

Date

Indicate the type of owner-ship documen-tation provided: (A) Assessor’s record, (B) war-ranty deed, (C) title policy or commitment, or (D) other as approved

Has the owner au-thorized a represen-tative in writing? (YES/NO)

EXAMPLE John Alan Smith and

Josie Q. Smith

123 Sesame Street

Denver, CO 80202

(303) 555-5555

[email protected]

100% John Alan Smith Josie Q. Smith

01/01/12 (A) YES


Planning Board Hearing Sign Specifications


www.denvergov.org/rezoning 201 W. Colfax Ave., Dept. 205

Denver, CO 80202


REZONING GUIDE



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Sign Specifcations for Planning Board Public Hearing An applicant for a zone change must post notice of the Planning Board hearing on the land under consideration. Please follow the instructions below to properly provide public notice for this rezoning application.

The sign template provided must be printed to the exact size and color specifcations listed below. Most professional print, photocopy, or sign shops are equipped to make sign copies from the enclosed template (for example, Kinko’s, Signal Graphics, etc.).

Minimum Sign Size: 21½ inches x 28 inches

Required Sign Color: Yellow - FFF200 > R = 255 > G = 242 > B = 0

> C = 0 > M = 0 > Y = 100 > K = 0

Weatherproof: All signs must be weatherproof and made of durable material (e.g., one option would be to laminate a paperboard sign).

Number of Signs Required: A minimum of one (1) sign per street frontage is required.

Time and Duration of Posting: You must post the sign(s) on the subject property by no later than 12:01 a.m., 15 calendar days prior to the Planning Board hearing date. You are responsible to get the sign printed to these specifcations in time to post the sign on the property by the frst day of the 15-day posting period. The sign must remain posted on the property and maintained in legible condition for the entire 15-day period up to and including the Planning Board hearing date.

Location of Signs: The signs must be placed along each abutting street and in a manner that makes them clearly visible to neighboring residents and passers-by. At least one sign must be posted on each street frontage. Do not post signs in any public right-of-way.

Afdavit of Posting: On or before the date that the Planning Board is scheduled to make a recommendation or decision on the application, the applicant must certify in writing that required notice was posted according to these requirements. The applicant must also photograph the sign(s) and attach the photograph to the afdavit. The afdavit of Sign Posting is included in this guide. Please submit all Afdavits of Posting to the CPD Case Manager.

Failure to Post: Failure to provide the public notice by sign posting required by the city’s zoning regulations and these instructions may result in delay of the City’s recommendation or decision, or may result in a legal challenge of any issued decision.

Future Changes to Application - Efect on Posted Notice: Certain changes to the zone map amendment application, including but not lim-ited to changes in the boundaries of the subject properties or the addition of waivers/conditions, may necessitate the posting of new signs. The CPD Case Manager will contact the applicant if such re-posting is required and will provide a new sign template to the applicant.

Sign Removal: All signs must be removed from the subject property within ffteen (15) days after the Planning Board hearing date. Failure to remove the signs is a violation of the Denver zoning code.



Planning Board Hearing Sign Affidavit



Denver, CO 80202


REZONING GUIDE


I ll DENVER • • THE MILE HIGH CITY

_______________________________

Sign Posting Afdavit for Planning Board Public Hearing

(attach photograph[s] of sign[s] - sign lettering must be legible in the photograph)

I, ________________________________ (PRINT NAME OF APPLICANT/PERSON POSTING SIGN[S]), at-test that the attached sign(s) was posted abutting _____________________________ (NAME OF STREET[S]), and was continuously visible from the _____ day of ________________, 201_____, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached.

[SIGNATURE]

Case #: _________________________



City Council Hearing Sign Specifications



Denver, CO 80202


REZONING GUIDE



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Sign Specifcations for City Council Public Hearing An applicant for a zone change must post notice of the City Council hearing on the land under consideration. Please follow the instruc-tions below to properly provide public notice for this rezoning application.

The sign template provided must be printed to the exact size and color specifcations listed below. Most professional print, photocopy, or sign shops are equipped to make sign copies from the enclosed template (for example, Kinko’s, Signal Graphics, etc.).

Minimum Sign Size: 21½ inches x 28 inches

Required Sign Color: Yellow - FFF200 > R = 255 > G = 242 > B = 0

> C = 0 > M = 0 > Y = 100 > K = 0

Weatherproof: All signs must be weatherproof and made of durable material (e.g., one option would be to laminate a paperboard sign).

Number of Signs Required: A minimum of one (1) sign per street frontage is required.

Time and Duration of Posting: You must post the sign(s) on the subject property by no later than 12:01 a.m., 21 calendar days prior to the City Council hearing date. You are responsible to get the sign printed to these specifcations in time to post the sign on the property by the frst day of the 21-day posting period. The sign must remain posted on the property and maintained in legible condition for the entire 21-day period up to and including the City Council hearing date.

Location of Signs: The signs must be placed along each abutting street and in a manner that makes them clearly visible to neighboring residents and passers-by. At least one sign must be posted on each street frontage. Do not post signs in any public right-of-way.

Afdavit of Posting: On or before the date that the City Council is scheduled to make a decision on the application, the applicant must cer-tify in writing that required notice was posted according to these requirements. The applicant must also photograph the sign(s) and attach the photograph to the afdavit. The afdavit of Sign Posting is included in this guide. Please submit all Afdavits of Posting to the CPD Case Manager.

Failure to Post: Failure to provide the public notice by sign posting required by the city’s zoning regulations and these instructions may result in delay of the City’s recommendation or decision, or may result in a legal challenge of any issued decision.

Future Changes to Application - Efect on Posted Notice: Certain changes to the zone map amendment application, including but not lim-ited to changes in the boundaries of the subject properties or the addition of waivers/conditions, may necessitate the posting of new signs. The CPD Case Manager will contact the applicant if such re-posting is required and will provide a new sign template to the applicant.

Sign Removal: All signs must be removed from the subject property within ffteen (15) days after the City Council hearing date. Failure to remove the signs is a violation of the Denver zoning code.



City Council Hearing Sign Affidavit



Denver, CO 80202


REZONING GUIDE


I ll DENVER • • THE MILE HIGH CITY

________________________________

Sign Posting Afdavit for City Council Public Hearing

(attach photograph[s] of sign[s] - sign lettering must be legible in the photograph)

I, ________________________________ (PRINT NAME OF APPLICANT/PERSON POSTING SIGN[S]), at-test that the attached sign(s) was posted abutting _____________________________ (NAME OF STREET[S]), and was continuously visible from the _____ day of ________________, 201_____, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached.

[SIGNATURE]

Case #: __________________________



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