ZONING AND PLANNING COMMITTEE MINUTES
By Michael Henry, Chair
The INC Zoning and Planning (ZAP) Committee met on April 28. Caryn Wenzara of the Community Planning and Development Department (CPD) outlined CPD's tentative work program for 2012, although changes may be made when the Mayor appoints a new Manager for the Department. CPD's Planning Services Department will focus on: 1) planning for the west light-rail line and stations, including bus-stop enhancements; 2) a citywide strategic plan for transit-oriented developments; 3) planning for the South Platte River; 4) a Globeville Area Plan in parallel with an Elyria-Swansea Plan; 5) planning for the National Western Stock Show and its land; 6) planning for the east light-rail line to DIA; 7) planning for an airport city or aerotropolis near DIA; 8) finishing the Cherry Creek Area Plan and starting the Central Park and Golden Triangle Plans; 9) historic preservation. ZAP members stressed that citizens and neighborhood groups need to be involved from the beginning in all of these planning efforts. The committee plans to meet with the new CPD Manager, whenever he or she is appointed.
Tina Axelrad of CPD, Kim Kucera of CRL Associates (representing the National Western Stock Show) and Nathan Batchelder of Councilwoman Judy Montero's office informed the committee of upcoming Zoning Code Text Amendment 12, regarding non-conforming signs, which will be considered by the Planning Board on May 16. Councilwoman Montero and CPD were motivated to support this amendment because the National Western Stock Show violated the current sign code (passed in 1971) by causing one of its large signs to have illegal electronic changing messages. The current sign code requires that if any change to a non-conforming sign is made, the sign loses its legal non-conforming status and the sign must be removed. If passed, the amendment would allow one corrective action to return the sign to its former status. Tina stressed that this amendment will not affect billboards or temporary signs. The committee urged Tina to request CPD to initiate an update, with citizen involvement, of the entire sign code. Although the sign code is part of the zoning code, it was not considered during the zoning code update process between 2005 and 2010. It will be a lengthy and expensive process to update the 1971 sign code.
Marcus Pachner updated the committee on the redevelopment of the 30-acre former University of Colorado Health Sciences campus at East 9th Avenue and Colorado Blvd., which is moving very slowly due to the economic downturn. Fuqua Development, the 3rd successive developer on the project, is now finalizing retail and restaurant leases and contracts for at least 450 residential apartments. A 9-12 month demolition process will begin later in 2012, with construction to begin in the 3rd quarter of 2013. Several new streets will be installed. An application for city landmark designation of the historic nurses' dormitory and the quadrangle will be filed as soon as the University transfers title to the developer.
The committee noted the recent death of ZAP committee member Doug Pimpel of Historic Baker Neighborhood Association, a quiet hardworking volunteer for BHNA and the Broadway Cop Shop.
Charlie Bush and Charlotte Winzenberg of West Washington Park Neighborhood Association and Judy Schneider of Ballpark Neighborhood Association informed the committee of a new phenomenon in those neighborhoods – "beer bikes" or "beer-trolleys" - that transport 10-12 patrons from bar to bar, while serving beer along the way and causing considerable noise, disruption and safety hazards. Committee members do not know if any agency regulates these vehicles. INC members should collect and share information with each other about this.
Brad Zeig, chair of INC's new transportation committee, invited everyone to attend the first regular meeting of the committee on May 3, which will be co-hosted with Transportation Solutions, a transportation management organization that works in the area bounded by Colfax, Broadway, Hampden and Interstate 225.
The committee passed the following 2 motions, for consideration by the INC Delegation on May 12 (delegates should review and be prepared to vote):
I
Inter-Neighborhood Cooperation should communicate the following to the Manager of Community Planning and Development, the Planning Board, the Mayor and City Council.
Inter-Neighborhood Cooperation is a network of approximately 100 registered neighborhood organizations in Denver. Since its founding in 1979, INC has been strongly committed to the idea that citizens and neighborhood organizations in Denver should be informed about and involved in significant public policy issues that affect neighborhoods, including zoning and land use planning.
Many INC delegates and hundreds of other citizens participated in the preparation of Denver's Comprehensive Plan in 2000, Blueprint Denver in 2002 and the lengthy update of the Zoning Code and the Zoning Map which concluded in 2010. During the update of the Zoning Map, the Community Planning and Development staff, the Zoning Code Task Force, the Planning Board and City Council used 3 factors to determine which zone district to apply to parcels of land: 1) adopted plans for that area, including Comprehensive Plan 2000 and Blueprint Denver, 2) the existing zone district and 3) the existing neighborhood context. The 2010 Zoning Code and Zoning Map are form-based.
In 2012, a consultant for CPD and CPD staff have suggested that "inadequate return on investment" should be a motivating factor for increasing allowable density and height in future zonings, particularly in the update of the Cherry Creek Area Plan.
INC strongly opposes consideration of "inadequate return on investment" as a new factor in rezoning decisions or creation of new zone districts for the following reasons:
1. Broad-based citywide discussions should be held and consensus reached before such a significant change in zoning policies should be implemented.
2. Virtually every applicant for rezoning will attempt to argue that the existing zoning offers "inadequate return on investment." In addition, applicants for zoning variances, liquor licenses and other types of regulated permits will attempt to argue that they need a greater return on investment as a justification.
3. "Inadequate return on investment" has never been a factor to be considered in rezoning decisions in any of the deliberations leading to or the texts of Comprehensive Plan 2000, Blueprint Denver or the 1956 or the 2010 Zoning Code and Zoning Map.
4. For many years, the Zoning Code has indicated that rezoning decisions should only be based on an error in the original zoning or changing conditions.
5. Market values for land and property should already take into account the existing zoning.
6. Such a factor would significantly disrupt the community collaboration and compromise that resulted in the 2010 form-based Zoning Code and Zoning Map.
II
The INC Sidewalk Position Statement that INC adopted in 2006 should be amended to include the following additions (the full statement will be available at the May 12 Delegation meeting):
INC strongly urges the City and County of Denver to implement a city-wide program of sidewalks for pedestrian safety and mobility, including:
Adopting measures to preserve and complete sidewalks that are consistent with established neighborhood character in layout, design, and materials, including flagstone sidewalks where that is part of the established character;
Providing more aggressive education and enforcement of the city's snow shoveling regulations, and developing a program of volunteer assistance for residents who need help in shoveling;
Working with the city to find and implement a sensible solution to the problem of homeowners who are required to shovel walks to which they have no easy access;
Urging the city to modify snow plowing practices, which throw chunks of ice and snow onto already shoveled sidewalks, to strike a reasonable balance between the need to keep traffic moving and at the same time the need to provide a safe route for pedestrians and wheelchairs.
NOTE: INC recognizes that there are also city-wide concerns regarding the city rights-of way adjacent to sidewalks and will address these in a separate Right-of-Way Position Statement.
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