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■ Task force lauded, six-month transition period begins
BY RORY SEEBER
The code is organic. It is alive and it will always be changing, just as our city and our values will always be changing.”
So said District 4 City Councilwoman Peggy Lehmann near the end of a nearly eight-hour public hearing June 21 that concluded with the unanimous approval a new zoning code for Denver.
City Council heard far less public testimony than it had predicted and was able to finish the hearing in two sessions on a single day instead of the two consecutive days it had planned. Its vote culminated more than five years of effort by the 15-member, public-private Zoning Code Task Force (ZCTF) to write a new code to replace the existing law, which was published in 1956.
The new “formed-based” zoning emphasizes the regulation of a new
building’s configuration and size, versus just its allowable uses, to
assure that a structure’s general shape, massing, height and orientation
positively contribute to the existing or desired neighborhood
“context.” It creates a contextual flexibility not found in the old law.
Nearly 70 people testified at the hearing, fairly evenly split
between supporters and opponents, though many of the latter group were
satisfied with the ordinance as a whole but had minor complaints about
specific items in the code or on the accompanying map.
“None of us will tell you that it’s perfect or done,” former
At-Large Councilwoman Susan Barnes-Gelt testified.
Opponents’ concerns included: a perceived need for more types and
sizes of housing; the small amount of area (13%) where accessory
dwelling units (ADU, “Granny Flats”) are allowed; the lack of side
setbacks for fire safety; the “heavy industrial” zoning of much of the
Elyria-Swansea neighborhood; the lack of requirements concerning solar
access or RVs; the (apparent) ceding of control of the parks to the
Parks & Recreation Department; the “down-zoning” of some areas; and
the lack of a “streamlined” way to correct substantive errors, among
others.
Staff from the Community Planning & Development department (CPD)
responded to most of those concerns and comments during the hearing.
It was explained that the small percentage of areas that allow ADUs
was not a fault of the re-write process but rather the result of it,
reflecting the expressed desires of different neighborhoods.
The industrial zones were basically left as-is because it is felt
that the planning process is the proper way to change them, not straight
re-zoning. CPD prefers to complete the ongoing Elyria-Swansea
Neighborhood Plan, at which point re-zoning the area can be considered.
Most small complaints such as no allowance for RVs, or lots and
areas improperly defined by the new requirements, were dealt with
immediately by CPD staff, who were on hand to consult with those who
raised such issues.
Assistant City Attorney David Broadwell along with District 11
Councilman Michael Hancock said that the Council has not ceded control
of the parks. Despite a new parks zone classification, Council still
controls most of the operational aspects of the parks, including
approval of some varieties of structure.
Areas which were down-zoned retain their rights. Thus an existing
duplex can be replaced with another duplex (but if it is replaced with a
single-dwelling unit it must remain as such).
More than a dozen registered neighborhood organizations and business
associations voiced their approval of the new code, with some noting
that they don’t like some details.
CPD, the task force, and citizen volunteers were repeatedly praised
for their efforts in creating the code.
District 7 Councilman Chris Nevitt said, “It has been a pleasure to
work so hard for so long with so many people who care so much about this
great city we live in.”
District 8 Councilwoman Carla Madison, a ZCTF member, commented, “To
me the unsung heroes in all of this are the neighborhood groups and the
neighbors. Their diligence and their concerns were remarkable. We
definitely ended up with a better product in the end because of all the
time they put in.”
During the planned six-month transitional period for the new code
CPD staff and City Council will discuss possible minor adjustments that
will keep development projects on track. After that time the CPD will
report to Council with any recommendations for changes, while the
Services Department will determine whether another six months is
necessary to effectively implement the code.
Charlie Bush of the West Washington Park Neighborhood Association
drew laughter when she thanked those who had a hand in creating the new
zoning code by saying, “When you’re a public servant you get a lot of
very emotional and very negative feedback, and I realize that the ZCTF
has had to endure a lot of this. That is the life force-draining,
soul-sucking ‘my life sucks’ part.... So I would like to thank you and
all your families for all the soul-sucking you had to endure.”
For more information contact a City Council district office or visitnewcodedenver.org.
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