Old San Rafael Neighborhood Organization

OD-9 Overlay Frequently Asked Questions

These FAQ's came from the City Park West Association.

Why is the neighborhood association proposing to change the zoning in City Park West?

Already, several residents have complained about inappropriately large developments being built next door to them. Their light has been blocked. Multiple stories of windows now overlook their backyards, removing their former privacy. In response to these situations, the association conducted surveys. Overwhelmingly - 78% of people responding - neighbors said they are "concerned with the look of new development." Members of the association have spent the last 17 months meeting with residents, consulting with our city planners and creating a this solution.



What is R-4 & R-3 zoning, and why should we be concerned about it?

This neighborhood is a prime example of the negative effects of Denver's out-of-date zoning. Clearly, what is permitted and what exists are drastically out of alignment. Most of our neighborhood south of 21st Ave - that is not hospital district - is zoned R-4. There are 5 square blocks north of 21st that are zoned R-3. The Department of Zoning defines R-4 as an area for multi-unit dwellings and/or offices. It provides for high-density residential, intensive office development and limited retail. In R-4 the building floor area can be up to 4x the site area. The residential tower at the corner of 17th and Williams is an example of what R-4 allows. R-3, while a bit more restrictive, still allows a high rise. Note: The towers at Cheesman Park are in R-3 zoning.



What is an overlay, and what protection does the OD-9 overlay provide?

An overlay is a zoning tool that attaches additional restrictions on the area within it's boundaries. Think of it as 'laying over' and adding to the current zoning regulations. Following are the main points of how the proposed OD-9 Overlay would protect City Park West properties:

1. Restricts height to 35 ft height (approximately 3 stories) for all new buildings
2. Establishes a front setback that is the average between the properties on either side of the new building
3. Requires that 25% of the lot be open space



Note: OD-9 does NOT address or in any way change or additionally limit a property's use. For more details, refer to the enclosed OD-9 language in full.



Are there any other areas that already have an OD-9 zoning overlay district?

Yes. A few years ago the neighbors in the vicinity of the 1600 block of Humboldt persuaded Denver City Council to apply OD-9 to six square blocks to stabilize that area of the neighborhood.



How will this affect my property values/resale values?

Some would say that limiting your ability to sell to a developer who will then scrape off your home and build a large building in its place lowers your resale value. We say that most people find this area desirable because it has a 'neighborhood' feel. Protecting that character and making sure that a six-story or higher building does not go up next door to you – invading your privacy and blocking your sunlight - would secure your property values more so than at present.



How will this restrict me in upgrading my home?

The OD-9 language will specifically state that the new overlay regulations do not apply to structures built before the overlay is approved by Denver City Council. Structures built before that date may expand up to 20% without having to conform to the overlay regulations. Larger expansions of existing buildings will have to conform to the new regulations. If a building is deliberately demolished, then the new building must comply with all the zoning regulations, including the overlay.



Will the overlay cost me anything?

City Park West Neighborhood Association will cover costs for the overlay with grant funds, revenue from activities and membership fees. The only thing we ask of you is that you take the time to consider this proposal and send in the enclosed card (postage paid), letting us know your opinion.