INC ZONING AND PLANNING COMMITTEE MINUTES
December 1, 2012
By Michael Henry, Committee Chair
Paul Riedesel, of the Denver Department of Environmental Health (720-865-5410), who is the city's only noise-enforcer (aside from the Police Department), informed the committee about how noise is regulated. He encouraged people to call the Police Department (the non-emergency number – 720-913-2000) to complain about unusual or unpredictable noise. Predictable noise (such as regular waste-hauling or construction or night-club noise) should be reported to 311, with a request to refer the complaint to Environmental Health. If a person gives his or her contact information, tickets can be issued (after one warning). The first ticket would be $500, followed by $750 and $999. If a violator has a city license of any kind, the license could be jeopardized. Complaints about barking dogs need to be sent to Animal Control. If appropriate, noise or dog complaints can be mediated by Denver Mediation.
Bennie Milliner, the executive director of Denver's Road Home, explained the city's plan to keep homeless people inside and safe during the winter months. Due to terrible economic conditions since 2008 and the camping ban enacted in June 2012, more and more people need overnight shelter, in addition to other services. Denver's Road Home and a number of churches are working to provide overnight shelter to those who cannot be accommodated in the several shelters in the city, which are overflowing. From November through April, there will be a rotating 30-day overnight shelter at for up to 150 men at recreation centers in different parts of town, beginning with the Martin Luther King, Jr. Recreation Center at 38th and Newport. The persons will be screened and given a meal at Denver Rescue Mission downtown and then transported to each facility for overnight sleeping from 7pm to 6am and transported back to the Rescue Mission for breakfast. The city has pledged to conduct information/outreach sessions with neighbors around each location. Bennie indicated that the temporary shelters should be non-invasive and almost invisible in the neighborhoods. In addition, the city and Volunteers of America are providing overnight shelter for up to 50 women at a city office building at 303 West Colfax. Denver's Road Home hopes to be able to establish a new 24-hour a day/7 days a week shelter/resource center within 12-18 months.
The committee had a lengthy discussion about a large new 4-story parking structure proposed by the Denver Metropolitan Major League Baseball Stadium District (funded by taxpayers) at 27th Street and Blake to serve Coors Field. Sean Maley, representing the District, said that this is required because the Regional Transportation District condemned 650 surface parking spaces on District land in 2010 to accommodate RTD's new east line. Jo-Ann Herrick and Mickey Zeppelin of the River North Neighborhood Organization (RINO) argued that there was little transparency, notification, public accountability, cost-benefit analysis, transportation analysis or real need demonstrated. They indicated that there are many unused spaces in the existing lots and that, with limited public resources, more inclusive and comprehensive planning should be done and that any new parking facility should also serve the RTD station and the Stock Show complex. The committee urged the District to have an open discussion with community stakeholders to discuss how the facility can serve the taxpayers and the larger community in a fiscally responsible and environmentally sustainable way. Sean Maley and Matt Sugar from the District said that they would consider that request.
Michael Henry said that he will be scheduling a meeting for the Zoning and Planning Committee to have a comprehensive discussion with Rocky Piro, the new Planning Director, who will be starting his job as Manager of the Community Planning and Development Department on December 10. This may be at a regular ZAP meeting or a separate time. The committee developed a list of many topics to discuss with him.
The committee then discussed and passed the following motion regarding regulations of retail marijuana stores to present to the INC Delegation on January 12:
Whereas, the voters of Colorado passed Constitutional Amendment 64 on November 6, 2012, which,
among other things, permits persons over the age of 21 to possess and consume one ounce or less of
marijuana and allows the establishment of retail marijuana stores and other marijuana establishments;
Whereas Amendment 64 requires the Colorado Department of Revenue to adopt regulations to
implement the constitutional amendment not later than July 1, 2013;
Whereas Amendment 64 requires local governments to enact ordinances or regulations relating to
marijuana establishments and to begin accepting license applications not later than October 1, 2013;
And whereas the philosophy articulated by the proponents of Amendment 64 and the summary of the
amendment in the "blue book" indicated that "the use of marijuana should be regulated in a manner
similar to alcohol;"
Therefore, Inter-Neighborhood Cooperation should communicate with the Governor, the members of
the General Assembly, the Mayor and City Council that the following elements should be incorporated
into any statutes, regulations and ordinances to implement Amendment 64, based on the manner in
which alcohol is regulated in Colorado and Denver:
1. Retail marijuana stores should not be allowed within 1000 feet of a school;
2. Retail marijuana stores should not be allowed within 1000 feet of another retail marijuana store;
3. Registered neighborhood organizations must be notified of applications for all marijuana
establishments;
4. Criminal background checks should be required of all applicants for all marijuana establishments;
5. Hearings should be required to determine whether a marijuana establishment is needed or desired
within the neighborhood of a proposed marijuana establishment;
6. Registered neighborhood organizations and neighborhood residents or business owners or
managers should be allowed to testify at such hearings;
7. Consumption of marijuana should not be allowed in parks, sidewalks, streets, alleys or other public places.
8. Any task forces established to consider these issues should include residents and neighborhood organizations.
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