Council fixes split zoning on East Colfax parcel, approving EMS‑3 map change for 1453 North Wabash

Denver City Council voted to rezone 1453 North Wabash to EMS‑3 on May 4, resolving split zoning on a parcel that staff said had been used by an auto body shop for more than two decades.

CPD staff explained that the property and its neighbor are effectively one tax parcel with different zone districts, an artifact the owner discovered after receiving a zoning violation. Council heard that the change would align the parcel with the surrounding commercial corridor on Colfax and support modest infill consistent with Blueprint Denver and the East Area Plan.

Why it matters: The change addresses a long‑running parcel/zoning mismatch that limited the owner’s lawful use of the property. By matching existing EMS‑3 zoning on adjoining land, the parcel can better support neighborhood‑serving businesses and small‑scale mixed use along a transit corridor.

Staff noted Planning Board’s unanimous recommendation to approve. Owner representative Jeremy Rabideau told council the lot currently contains storage containers and trailers and that his immediate plan is to clean up, continue an iron fence around the property and eventually pave and replace the containers with a single building for parts and equipment; he said the owner paid the required fee to resolve the violation and plans to improve the site’s appearance.

Council discussion focused on why split zoning occurs (parcel assembly and historical zoning transitions) and the protections for adjacent lower‑scale residential blocks. Staff explained protected‑district setback rules that require a 10‑foot setback where new construction abuts TU/2‑unit districts and described maximum heights that step back to protect neighbors. Council approved the ordinance (10‑0).

Outcome and next steps: Council Bill 26‑0346 passed on final passage; the owner may pursue site improvements, zone‑lot amendments and later building applications subject to setback, use and design standards in the Denver zoning code.

“This corrects an anomaly and allows a long‑standing small business to come into compliance and clean up a lot that has been storing parts for decades,” the owner representative said.