The Denver City Council Monday approved on a 9-3 vote a rezoning proposal that will allow for market rate, and affordable housing in Cherry Creek East.

The two affected properties are near Gates Tennis Center at 3400 E. Bayaud Ave. and 121 S. Madison St., owned by Travis McAfoos. 

The approvals came despite area residents’ protests and concerns from some council members. 

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Seventeen people signed up to speak at the public hearing, though not all of them did. They were about evenly split between supporters and opponents.

Jonathan Pira, who lives in District 3, spoke in support of the re-zoning. He cited the focus on affordable housing, the great location in the Cherry Creek East neighborhood and the access it provides to services and amenities.

“I believe this is our first opportunity to act on the inclusionary zoning ordinance,” Pira said. “At least 15 families can live in this high opportunity area who may not otherwise be able to afford it.”

City Council passed Denver’s Expanding Housing Affordability Ordinance July 21. According to Denver’s website, the executive directors of the Departments of Community Planning and Development and Housing Stability both need to approve the ordinance before it takes effect.

McAfoos said his goal is to have 10% of the newly developed property be available as affordable housing. “Affordable” would mean housing that is available to those who make 60% of the area’s mean income.

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Pira supported the re-zoning because it would spur redevelopment of what he called an “underutilized lot.”  

“It’s really exciting to see this new policy in action,” Pira said, despite the ordinance not being 100% in place.

Those in opposition cited the lack of compliance the proposed re-zoning had with the Cherry Creek East area plan and Blueprint Denver 2040.

“Outside of adding density for the sake of density, what does this bring,” asked Denise Oakland.

“A five story high rise will have a profound and irreversible impact on this neighborhood’s character,” said Alex Nelson, an area property owner, via Zoom.

The division among residents weighed heavily on some council members. Councilman Chris Hinds, who represents district 10 where the properties are located, voted yes. The potential of adding affordable housing to the area also swayed Hinds. 

“There could be a teacher who could live near Broadway, a nurse who lives near Rose (Medical Center) or a firefighter near their station,” he said. “I want to make sure that we have foresight and create something with this decision that positively affects the neighborhood for decades to come.”

Eight other members of the council joined Hinds in voting yes. However, three councilors voted in opposition.

Councilwoman Amanda Sawyer of District 5 voiced concerned over the confusion surrounding how many stories could officially be authorized. 

“The height map is a major concern of residents,” she said. “Adopting this re-zoning would not be fair to residents who are already concerned about (building) height. And there may be two more stories if affordability is maintained.” 

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According to the new zone code, the building can have a maximum of five stories. However, the new Expanding Housing Affordability Ordinance allows a development to add two additional levels if it offers the required minimum affordable housing units.

This rezoning allows McAfoos to proceed and redevelop the new property, though there is still a lot that has to be done like a traffic study. 

No development plan has been filed with the city, but McAfoos said he has been planning on what to do with this property since 2020 after owning it for more than eight years. 

“We do have a lot of residents tonight who expressed a desire to live in neighborhoods that they might otherwise not be able to afford,” he said. “Affordability was always the plan for this project that we envisioned years ago.”