Zoning War Possible Between Cities
by Charles C. Bonniwell
The massive density along Cherry Creek within the City and County of Denver appears to be continuing unabated with the creek being canyonized by tall buildings. High density developers’ favorite architectural firm, Tryba Architects, has submitted a “Concept Site Plan” for 5250 East Cherry Creek Drive South to Denver Planning and Development that has surrounding neighborhoods and the City of Glendale in an uproar.
David Tryba, the head of Tryba Architects, had come along with Dana Crawford, to Glendale City Hall in February 2016, to convince city officials to allow a massive tower of luxury apartments/condominiums. The building would have been potentially the tallest building in Colorado and located along 3.8 acres acres of land owned by the proprietors of Authentic Persian and Oriental Rugs on Colorado Boulevard. At his meeting with Glendale officials, Tryba
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noted how landowners could make a great deal more money the more density they can squeeze on a property. He stated that they had come to Glendale because they were “frankly interested in having more flexibility than they could have in Denver in terms of being able to go vertically.”
Community And Glendale Objections
Glendale was not impressed and did not approve the concept, but Denver in the waning days of the Hancock administration has become more “flexible” than it was previously. The Glendale City Council directed its staff to oppose the 5250 East Cherry Creek Development due to its extreme density and asked them to point out “the serious negative impacts to traffic, parks, and the surrounding lower density Denver and Glendale neighborhoods, and encouraged a development that is “more compatible adjacent zoning and density.”
Glendale did not object to a redevelopment of the present site which has 328 units and a density of 28 units per acre. Glendale notes the redevelopment would drastically increase the number of units to 1,232 with 196 units per acre — a fourfold increase. The redevelopment would be comprised of five buildings with the two tallest being 15 and 20 stories and back up to one and two-story buildings in Glendale. In one property in Denver, there would be 40% of all residential units in Glendale combined.
Both Cherry Creek Pediatrics and the Board of the Cedar Pointe Condominiums have sent objection letters to the Denver Planning Department pointing out many of the problems that the size and mass of the buildings could effectively destroy the existing landscaping in Glendale.
Parking And Traffic
Glendale in its correspondence noted the enormous parking and traffic problems that the project would bring. Denver allows as little as 1.5 parking places per unit while Glendale requires much more plentiful parking but does not allow on street parking. Adjacent Cedar Point Condominiums has 573 off-street parking for 270 units. The overflow parking from the project would therefore be forced into Denver’s Virginia Village neighborhood streets and overwhelm them.
Traffic created by the redevelopment would create bottlenecks on Cherry Creek South during rush hours and double the traffic on East Kentucky Avenue. The redevelopment does not provide a full signalized intersection with pedestrian crossings. Glendale points out that the redevelopment is not consistent with the 2010 Blueprint Denver which provides for low to medium residential development for the area.
Rezoning And Possible Zoning War
The property had been zoned R-2-A with height limitations but in 2006 rezoned to R-3 with no height limitations. To obtain the rezoning the property owner, Apartment Income REIT Corp agreed to waive its unlimited heights rights to protect the R-2-A Denver property to the south but no protection for any Glendale property to the west. The setback on the Glendale side is proposed to be only 20 feet dwarfing the Cherry Creek Pediatric Center in Glendale. Denver appears to be allowing massive density adjoining Glendale properties. This could result in Glendale in turn rezoning its properties along the Denver border with massive density.
Such a zoning war would hurt both cities, but Glendale may have little choice given Denver Planning Commission’s seemingly willingness to badly damage Glendale.