To: Board of County Commissioners
Through: Ceila Rethamel, Acting Director, Public Works & Development
Prepared By:
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Jason Reynolds, Planning Division Manager, Public Works & Development
Ava Pecherzewski, Development Review Planning Manager, Public Works & Development
Loretta Daniel, Long Range Planning Manager, Public Works & Development
Gretchen Ricehill, Special Projects Planner, Public Works & Development
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presenter
Presenter: Ava Pecherzewski, Development Review Planning Manager, Public Works & Development; Loretta Daniel, Long Range Planning Manager, Public Works & Development; Gretchen Ricehill, Special Projects Planner, Public Works & Development
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Subject:
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1:30 PM *Update on County Rezoning Efforts in Compliance with HB24-1313
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Purpose and Request:
recommended action
Since the adoption of the Transit Oriented Communities bill (HB24-1313), staff have been creating proposed rezoning maps throughout the unincorporated county to provide zoning that will allow the amount of density required by the State in our Housing Opportunity Goal (HOG).
At the direction of the Board of County Commissioners (BOCC), staff have focused on three key areas for the rezoning: the Federal Boulevard transit area; the Dry Creek Light Rail Station transit area (Inverness neighborhood); and the Four Square Mile neighborhood transit area. Community outreach meetings have been held, seeking feedback on the proposed rezoning maps. In this study session, staff will be sharing the feedback from the community as well as seeking guidance on next steps.
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Alignment with Strategic Plan: Sustainable Growth and Infrastructure - Implement smart growth policies to align housing, transportation, open spaces and economic development.
Background and Discussion: Colorado House Bill HB24-1313, the Transit Oriented Communities bill, was signed into law by Governor Polis on May 13, 2024 (attached). The bill requires municipalities to establish “Housing Opportunity Goals” around transit stations and transit centers and provide zoning that allows high-density residential through an administrative process in these areas. The BOCC has had previous study sessions regarding this legislation on February 11, 2025, and June 24, 2025.
At the February 2025 study session, staff presented eight potential transit areas that the County could pursue rezoning to meet the state-mandated HOG. Ultimately, the BOCC directed staff to focus rezoning efforts on three areas: the Federal Boulevard enclave area; the Four Square Mile area; and the Inverness area adjacent to the Dry Creek Light Rail station.
At the June 2025 study session, staff shared Arapahoe County’s Housing Opportunity Goal (“HOG”) that was submitted to the Department of Local Affairs (DOLA). The overall HOG for the unincorporated County was 24,463 housing units. With an estimated zoned density of 5,287 units, Arapahoe County will need to approve zoning density for approximately 19,176 additional units.
Over the past several months, staff have prepared draft rezoning maps for these three areas to allow enough density to meet the HOG, and have held community outreach meetings to obtain resident and property owner feedback. The three proposed rezoning maps are attached. A summary of the proposals and community feedback is as follows:
Federal Boulevard Bus Transit Area (“Federal Enclave”)
Staff prepared a map of potential properties to rezone within a half-mile of the Federal Boulevard bus line, located on the west side of Federal, south of Girard Avenue, north of Hamilton Place, and east of Knox Court (attached is a boundary map for the Federal Enclave rezoning). The proposed map would rezone the parcels on the west side of Federal Boulevard and several properties along Knox Court and Irving Street to Mixed Use (MU), which allows for a minimum residential density of 35 dwelling units per acre. The remaining parcels within this property boundary would be rezoned to Residential-Multi-Family (R-MF) which allows a density range between 13-35 dwelling units per acre. In sum, 39 parcels are proposed to be rezoned to Mixed Use (MU), with a potential density of at least 566 dwelling units; and 73 parcels are proposed to be rezoned to Residential-Multi-Family (R-MF), with a potential density of at most 650 dwelling units.
A community meeting to share the proposed rezoning map was held on February 10, 2026, at the Sheridan Public Library. There were approximately 21 attendees and surveys were handed out. Attached to this report are the survey results. Overall, 69 percent of respondents were either supportive or neutral about the rezoning, while 31 percent were not in support. The main concerns with the proposed rezoning were increased traffic, parking issues, building height, and an increase in crime. Among those in support of the additional density, respondents expressed a preference for a more medium-sized level of density, preferring townhomes and duplexes over apartment complexes.
Staff also received feedback from property owners on Girard Avenue whose parcels were proposed to be zoned MU that they felt the minimum density of 35 dwellings per acre was too high. Accordingly, staff revised the proposed rezoning map and changed two parcels off of Girard Avenue immediately adjacent to Federal Boulevard from MU to R-MF. Staff then held a second community meeting on July 9, 2026, at the Sheridan Public Library to share the revised rezoning map. At that meeting, we heard concerns that the 10-foot side yard setbacks in the mixed use zone were too small and concerns that development in the mixed use zoned area could block Front Range views. Attached to this report is the revised Federal Enclave rezoning map. The current proposed rezoning map would allow zoning for at least 1,216 dwelling units.
Dry Creek Light Rail Station Transit Area (Inverness)
The second area proposed for rezoning involves properties within ½-mile of the Dry Creek Light Rail Station; the majority of the property outside the City of Centennial and within unincorporated Arapahoe County limits is located in the Inverness neighborhood, east of I-25, south of Geddes Avenue and north of County Line Road. The proposed Dry Creek Transit Area rezoning map is attached.
Staff prepared a proposed rezoning map that rezones the parcels within ½-mile of the Dry Creek station, and some slightly further but adjacent, to MU. Given that Inverness is generally developed with commercial, restaurant, office, and townhomes/condos, staff felt it was more appropriate to rezone this area to a higher density that also allows commercial uses, reflecting the office and commercial uses in the area. The properties currently developed with townhomes and condos in the Villas at Vallagio and Vallagio at Inverness were not included in the proposed rezoning, nor was the golf course. The proposed rezoning map for the Dry Creek Light Rail Station is attached. As in the Federal Enclave, staff calculated density at 35 dwelling units per acre. In sum, 46 parcels are proposed to be rezoned to MU, which results in a total density of at least 6,951 dwelling units.
A community meeting was held on May 6, 2026, in the Arapahoe Boardroom at the Lima Office Campus. There were approximately 35 attendees at the meeting, and an online survey was also posted to the website. All but one attendee was a resident of either the Villas at Vallagio or Vallagio at Inverness condo development. While neither of these developments was included in the proposed rezoning, there were many residents who were visibly frustrated with the proposal, and the common themes heard by staff were the perceptions that multifamily apartments will bring increases in crime and create traffic and parking problems for their community. It is also of note that within the community there are currently five apartment complexes in Inverness, with a total of 1,318 dwelling units. While staff did send written invitations to all the affected commercial property owners in Inverness, many owners are out-of-state corporations, which contributed to the low commercial ownership turnout. The one commercial owner representative attendee within the proposed rezoning area expressed support for the proposal.
As noted above, an online survey was open to the public from April 15th to May 10th. Staff received 185 online survey comments, two paper survey comments at the community meeting, and two email comments; one from a resident of the Villas at Vallagio and one from the Vallagio at Inverness HOA. Attached to this report are the Dry Creek community surveys and email feedback. Overall, 68 percent of respondents were opposed, 20 percent in support, and 12 percent neutral about the proposed rezoning. The main concerns with the proposed rezoning were increased traffic, parking issues, lack of infrastructure (water), and increase in crime and noise. Among those in support of the additional density, respondents expressed a preference for a more medium-sized level of density, preferring townhomes and duplexes over apartment complexes. Arapahoe County staff will discuss water concerns with the Inverness Water & Sanitation District. If the area is rezoned, the Water & Sanitation district would be able to evaluate demand for specific development proposals on individual parcels.
Given that traffic was a large concern for current Inverness residents, staff contracted with Stolfus and Associates to prepare a traffic study of the potential traffic impacts that could result from increased density in the Inverness area. This traffic study was ongoing at the time this staff report was prepared. Staff will report back with the findings.
Four Square Mile Bus Transit Area (Parker/Iliff)
The third area under consideration is within the Four Square Mile area and aims to rezone certain parcels to align with goals of the upcoming draft Four Square Mile Subarea Plan. Several parcels along Parker Road, E. Iliff Avenue, S. Quebec, and S. Syracuse are proposed to be rezoned to Mixed Use (MU), which allows a higher density and are closer to transit lines, while parcels in other areas along S. Quebec, S. Clinton, S. Dayton, and S. Valentia are proposed to be rezoned to Residential-Multi-Family (R-MF). In sum, a total of 129 acres is proposed to be rezoned to MU and about 119 acres are proposed to be rezoned to R-MF, together having the potential to yield about 8,680 dwelling units to our HOG. The proposed rezoning map for Four Square Mile is attached.
A community meeting was held on June 25, 2026, at the Eloise May Library to share the proposed rezoning map. There were approximately 50-60 attendees at the meeting, and an online survey was also posted to the website between June 25 and July 10, 2026. Staff received 14 online survey comments and additional direct email comments to staff. Attached to this report is the Four Square Mile Survey. Overall, 7 percent of respondents were opposed to the proposed rezone, 78 percent were in support, and 14 percent were neutral about the proposed rezone. The main concerns with the proposed rezoning were increased traffic and noise, followed by parking issues, and insufficient infrastructure (lack of water). The loss of existing character also ranked fairly high in the results.
Calculating Housing Density - Dry Creek Area
Based on the existing density calculations of 35 dwelling units per acre, the County will be about 2,329 dwelling units short of meeting its mandated HOG. Because of this, staff looked for opportunities to increase density. The Dry Creek area is home to several apartment complexes, multistory condominiums, and townhouses. Based on a study of the area’s existing housing density and considering regional and national densities of multistory buildings, staff experimented with increasing the housing density calculation in Dry Creek from 35 to 100 dwelling units per acre. For example, existing residential buildings at the Yale Station in Denver are 68 feet and 74 feet tall, with densities of 140 du/ac and 106 du/ac (the taller building included a mix of commercial, so it had fewer units). If we assume a higher amount of dwellings per acre in the MU zone district, it would increase potential dwelling units in just the Dry Creek area from 6,951 to 20,125 dwellings which is more than sufficient to meet Arapahoe County’s required HOG.
Options and Items Needing Direction
Given that rezoning efforts will only yield zoning to permit 16,847 residential units, which is 2,329 units short of our HOG, staff is requesting a discussion about options moving forward as well as directions on other alternatives to achieve the additional zoned density.
1. Staff understands that using a 35 dwelling units per acre calculation for the MU zoning district is a conservative approach, given the 75-foot height limit in the MU zoning district. One option to consider is submitting this calculation to DOLA along with that of the R-MF zoning, which is 2,329 units short of meeting the state-mandated HOG. This option is not recommended because it would mean Arapahoe County would not meet its HOG.
2. Add additional property to the proposed rezoning maps - including the unincorporated properties along S. Quebec Street, just west of I-25 and north of Belleview Avenue, in Commissioner District 2. The total acreage of this property is 4.394 acres; if rezoned to Mixed Use (MU), there would be a required minimum zoned density of 154 dwelling units at 35 du/ac or 439 dwelling units at 100 du/ac. Within this area, 2.26 acres are owned by Taco Bell and McDonald's, and the remaining 2.134 acres are owned by CDOT, who have expressed interest in building high-density multifamily housing here. In this option, the County would still be short of meeting its HOG by 2,175 units (or 1,890 units if we assume the zoning supports 100 du/ac). Staff recommends adding this area to the potential rezoning areas.
3. Calculate the Dry Creek area using 100 dwellings per acre rather than 35. This will yield additional units which will put the County over its HOG requirement. Staff recommends using this calculation based on examples of similar height buildings in Denver and other jurisdictions.
4. Create a new Zone District called MU-X to allow a 100-foot height limit in the Dry Creek area (Inverness). The Inverness area is comprised of mostly PUD-zoned properties, and many of the underlying Preliminary PUDs for these office areas could allow a 100-120-foot commercial building height limit. Creation of a MU-X zone would be consistent with PUD-zoned properties in the Inverness area. However, creating a zone that allows 100 feet of multifamily residential as a use by right could be controversial with the adjacent residents. In doing so, staff would increase the density calculation from 35 to 140 dwellings per acre for parcels with a 100-foot height limit. The result is a total of 38,107 dwellings for all three areas, well above the Arapahoe County HOG. Arapahoe County can achieve its Housing Opportunity Goal without this change, so staff is not recommending it.
Other issues to address: Nonconformities.
Some parcels proposed for rezoning to MU or R-MF currently contain uses or structures that would not otherwise be allowed under the new proposed zoning. Those properties containing single-family detached dwellings are particularly affected as this use is not allowed in either the MU or R-MF zoning districts. Other uses or structures potentially affected by the proposed rezoning include townhomes, two-family dwellings, and other types of single-family attached dwellings, as well as some types of commercial/light industrial uses and structures.
Once parcels containing these uses are rezoned, they will be considered “legal nonconforming” uses and will be allowed to continue until the property is redeveloped, at which time the use and structures on the property will need to conform to the allowed uses and dimensional standards of the R-MF or MU zoning districts.
Section 6-4 of the Land Development Code regulates legal nonconforming uses, structures, and land. As part of this proposed rezoning effort, staff will review the Code and will most likely recommend more permissive nonconformity rules, which would allow a single-family home in the multi-family or mixed use districts to be reconstructed if it were to be destroyed.
Alternatives: This study session is intended to update the BOCC on staff’s efforts at compliance with HB24-1313 and to seek direction on whether to pursue additional rezone areas or amend the Land Development Code in order to zone for more density so as to meet our HOG goals set by the State.
Fiscal Impact: There is no fiscal impact associated with the proposed rezoning maps, other than staff time and resources.
Alignment with Strategic Implementation Strategies: The attached framework helps Arapahoe County institutionalize values-based, transparent decision-making, documenting how we make decisions and carry out actions to achieve the county’s strategic plan
Staff Recommendation: Staff recommends the BOCC review the updated materials and provide direction to staff as to whether an additional rezone area should be added or whether an amendment to the LDC to allow a 100-foot height limit in the Inverness area is preferred.
Concurrence: Staff has met with stakeholders in the community to receive feedback on the proposed rezoning maps.
Attachments:
HB24-1313 - The Transit Oriented Communities Bill
Staff Report & Presentation from February 11, 2025, BOCC Study Session
Staff Report & Presentation from June 24, 2025, BOCC Study Session
Draft Federal Enclave Rezone Map
Federal Enclave Survey Results
Draft Dry Creek/Inverness Rezone Map
Dry Creek/Inverness Survey Results & Comments
Draft Four Square Mile Rezone Map
Four Square Mile Survey Results & Comments