ZONING AND PLANNING COMMITTEE MINUTES – August 25, 2012
By Michael Henry, Committee Chair, michaelhenry824@comcast.net
City Councilwoman Jeanne Robb informed the committee about a proposed text amendment to the Zoning Code that would eliminate the expiration date (November 1, 2012) for provisions that limit the growing of marijuana plants for use by medical marijuana patients in residential districts to no more than 6 plants for a resident patient and no more than 12 plants if there are 2 or more patients who reside in the dwelling unit. In other words, if passed, this limitation would become permanent.
Michael Sizemore, the Director of Neighborhood Inspection Services, updated the committee about NIS activities. NIS, which has 22 inspectors, performed many more inspections this year than the year before (resulting from complaints and from proactive inspections). He presented statistics about the types of complaints and the numbers of complaints by City Council District. He indicated that the inspectors give one or two warnings to owners if they find violations before administrative fines are imposed and/or the violations are abated by city contractors. There were 156 properties abated during the last year (such as weed-cutting or fencing of dangerous properties) if the owner failed to cure the violations, at a cost of approximately $40,000 to the city. The quickest way to file complaints is through 311.
Michael Sizemore and Councilwoman Robb also briefed the committee on upcoming proposals to strengthen the Vacant and Derelict Building Ordinance. Some of the provisions would tighten the registration process for absentee owners, centralize control of the ordinance into one department (Community Planning and Development) instead of several departments and require owners of vacant/derelict buildings to complete their remedial plans, instead of just filing plans. Committee members agreed that neighborhoods generally support strengthening the ordinance and reducing the ability of owners of vacant and derelict buildings to "game the system."
The committee discussed how Inter-Neighborhood Cooperation can best be involved in the ongoing discussions/controversies about the redevelopment of the 28-acre former campus of the University of Colorado Health Sciences Center at East 9th Avenue and Colorado Blvd., including the issue of Walmart as a tenant. The committee will send questionnaires to presidents of all registered neighborhood organizations in the vicinity of the campus to determine if and how the RNOs are doing their decision-making on the issue. INC will then consider if it will take its own position to convey to City Council, which is presently expected to vote in approximately November 2012 whether to authorize the Denver Urban Renewal Authority to allow tax-increment financing to enable the redevelopment of the entire site. Michael Henry indicated that part of the purpose of this exercise will be to encourage neighborhood groups to have informed and fair processes to take their positions, including information from all sides of the issue.
Barbara Stocklin-Steely, staff director of the Landmark Preservation Commission, Councilwoman Robb and John Olson of Historic Denver presented proposed amendments to the Landmark Preservation Ordinance. The amendments are to address concerns about 1) the applications for landmark designation resulting from the notification process since 2006 for applications for demolition or non-historic status; 2) applications by non-owners for landmark designation and 3) improving the general effectiveness of the landmark process. Several committee members expressed opposition to the proposal that the fee for a non-owner to file a landmark designation fee from $250 to $1000 would unfairly penalize persons or organizations in poorer neighborhoods who wish to protect historic/architectural landmarks. The proposed ordinance will have a public hearing at the Landmark Preservation Commission on September 18 at 1:00pm and probably at City Council's Land Use Transportation and Infrastructure Committee on September 16. The final vote at City Council will probably be held on November 5. Neighborhoods are reminded that City Council committees now allow public comment on issues of general public policy by those who sign up a few minutes before the committee meeting.
Committee Member Stephen Griffin, Ph.D., summarized his dissertation at the University of Denver, a study of the 2009-2011 Denver dog park master plan process. The study concluded that the Parks and Recreation Department "conducted the process in a manner that defeated the potential for meaningful input by the public and dissipated any public goodwill and commitment that would have offered strong support for the plan…the Department staff saw themselves as experts and, as such, see themselves as the best people to make a fact-based dispassionate decision on an issue. They believe that involving the public in the decision-making process just introduces politics and emotion, which is counter-productive to good decision-making." He indicated that this attitude of government "experts" making decisions in America has been typical in the last 100 years. Katie Fisher, co-chair of the INC Parks and Recreation committee commented that the new Manager of the Parks and Recreation Department has been much more committed to meaningful consideration of citizen ideas. Steve offered to provide more information about his research to anyone who contacts him at griffin.stephen@comcast.net.
The next committee meeting will be on September 22.
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