Multiple locations near 38 and Blake Station in Council District 9

Multiple locations near the 38th & Blake Station Area in Council District 9 

38th & Blake Legislative Rezoning Description 

Denver needs more affordable housing across the income spectrum. In addition to existing affordable housing programs, the City and County of Denver is developing a policy to ensure that as new homes are built in Denver, more affordable homes are built too – both to rent and to buy. This larger effort is the Expanding Housing Affordability (EHA) project. This project includes a requirement that new residential development of ten or more units provide a portion of those units as affordable; offers multiple incentives, including height incentives; and gradually increases the linkage fee on other development types. This effort will result in changes to the Denver Zoning Code and the Denver Revised Municipal Code.

As part of this project, Community Planning and Development is sponsoring a legislative map amendment, or rezoning, that would bring the existing 38th & Blake Station Area Incentive Overlay District (IO-1) and underlying zone districts into alignment with the new citywide system proposed as part of the EHA project.

The EHA proposal includes zoning height incentives for future development to increase the overall supply of housing, generate additional affordable housing, and off-set some of the costs of providing affordable units on-site. The area around the 38th & Blake Station already includes a zoning height incentive system for a similar purpose. If the EHA policies and associated amendments to the Denver Zoning Code and Denver Revised Municipal Code are adopted by City Council to apply to all of Denver, which is anticipated in June 2022, then a legislative rezoning will be required to modify the existing 38th & Blake incentive overlay to conform with the new rules.



C-MX-3, DO-7, IO-1

C-MX-3, UO-1, UO-2, DO-7, IO-1

C-MX-5, DO-7, IO-1

C-MX-5, UO-2, DO-7, IO-1

C-MX-5, UO-1, UO-2, DO-7, IO-1

C-MX-8, DO-7, IO-1

C-MX-8, UO-1, DO-7, IO-1

C-MX-8, UO-2, DO-7, IO-1

C-MX-5, UO-1, UO-2, DO-7, IO-1

C-MX-12, DO-7, IO-1

C-MX-12, UO-1, DO-7, IO-1

C-MX-12, UO-2, DO-7, IO-1

I-MX-3, DO-7, IO-1

I-MX-3, UO-2, DO-7, IO-1

I-MX-5, UO-2, DO-7, IO-1

I-MX-8, DO-7, IO-1

I-MX-8, UO-2, DO-7, IO-1


C-MX-3, DO-7

C-MX-3, UO-1, UO-2, DO-7

C-MX-5, DO-7

C-MX-5, UO-2, DO-7

C-MX-5, UO-1, UO-2, DO-7

C-MX-8, DO-7

C-MX-8, UO-1, DO-7

C-MX-8, UO-2, DO-7

C-MX-5, UO-1, UO-2, DO-7

C-MX-12, DO-7

C-MX-12, UO-1, DO-7

C-MX-12, UO-2, DO-7

I-MX-3, DO-7

I-MX-3, UO-2, DO-7

I-MX-5, UO-2, DO-7

I-MX-8, DO-7

I-MX-8, UO-2, DO-7

I-MX-12, UO-2, DO-7


The 38th & Blake legislative rezoning proposal will maintain the maximum incentive heights allowed in this area and create more affordable units at lower levels of affordability than is currently required.

This will be accomplished through two changes within the rezoning (see Figure 1):

  1. Remove the existing incentive overlay that applies in this area, known as the 38th & Blake Station Area Incentive Overlay District (IO-1).
  2. Make appropriate increases to the existing underlying zone districts where necessary, such that the maximum incentive height allowed by the current IO-1 is maintained for most properties. In a few cases, the maximum incentive height may be reduced by one story.

For example, a property with an existing 5-story base zoning and the ability to use incentive height up to 12 stories under the current IO-1 would be rezoned to an 8-story base zoning and maintain the option to use incentive height up to 12 stories under the new EHA rules. A property that already has an existing 8-story base zoning would simply have the IO-1 designation removed and still be able to use incentive height up to 12 stories.

38th and Blake Rezoning Area MapFigure 1-- Proposed 38th & Blake Rezoning Area (red area = IO-1 to be removed, blue hatch = districts with increase in base height)


Summary Slide Deck

Watch a short video about these changes (opens in YouTube)

Learn about the Expanding Housing Affordability project

Case number:



Contact: City Planner Principal Analiese Hock (