Minutes of INC Zoning and Planning Committee August 22, 2015 meeting
The INC ZAP (Zoning and Planning Committee) met on August 22, 2015 from 9:30 am to 11:30 am at 1201 Williams meeting room. CPD Executive Director Brad Buchanan, CPD Planning Services Director, Caryn Champine, and CPD Senior City Planner Steve Nalley attended the meeting.
The Committee discussed the following topics: 1) Update on Community Planning and Development Issues with presentation from Brad Buchanan; and 2) Updating of Neighborhood Plans with presentation from Caryn Champine and Steve Nalley. The Committee also voted on a resolution concerning Excise/License evening hearing procedures.
Update on Community Planning and Development Issues
CPD Director Brad Buchanan said that CPD has reviewed in detail the INC Zoning and Planning Platform and sought to implement changes to address that platform. The changes he identified include:
Transparency, access, and communications: taking steps to promote those goals for CPD. Those steps include: providing additional information on the CPD website and making it easier to locate including:
- neighborhood plans, which can be located using a property address;
- zoning: can be determined based on address;
- Proposed rezonings: information posted on one page;
- Site development plans: approved plans are posted;
- Blueprint Denver: has a searchable map that shows layers;
- Resources posted for an updated version of INC neighborhood handbook, with electronic links;
- A neighborhood guide for construction;
- New CPD communications person: Alex Foster, is assisting Andrea Burns. Alex is bilingual;
- CPD has been sending representatives to ZAP meetings: Brad Buchanan or one of his three senior deputies;
- CPD sought community input on favorite places in Denver;
- CPD has been working with RNOs to make sure they are properly registered;
- CPD has participated in Mayor Hancock’s quarterly “Cabinet in the Community” meetings, which have been well attended by residents.
Current CPD projects:
- Tools for public input: In preparation for updates of Blueprint Denver, the Parks game plan, and the Citywide transit plan, CPD is studying digital engagement tools to allow public participation from remote locations including by telephone, television and computer. CPD is interviewing a consultant to assist with this process.
- Online records: CPD is seeking funds for 2016 to place permitting and zoning records online. Currently those are available for review in paper form.
- Online meetings: CPD is seeking funds to have Planning Board and Landmark meetings televised or recorded.
- Accela project: Since June 2015 CPD has been using Accela permitting and project management software for all CPD planning and development services. This is the second phase of a multi-phase process (Excise/License was the first phase). In the future neighborhood inspectors should have mobile access to records using Accela. Further in the future, Accela will have “customer-facing” features to allow public access to information on development services instead of the current manual search of paper files. A large number of documents need to be scanned for that.
- Citizens Planning Academy: CPD is working with INC on the upcoming training sessions for neighborhood representatives, which begin in September 2015. Many people have applied for limited slots. Perhaps a future set of sessions can be taped and made available online.
- Sign code update: CPD is working on an update of the Denver sign code and has requested 2016 funding for that.
- Discover Denver: CPD is seeking to catalog landmark resources in Denver to assist with review of demolition requests. It is working with Historic Denver and obtained a grant from History Colorado.
Neighborhood participation:
- The ZAP platform encouraged neighborhood representation. Buchanan believes neighborhoods have been extensively involved in the planning process, citing as examples recent work for: the Golden Triangle, Arapahoe Square, and Cherry Creek. He would like to increase inclusivity and outreach for the planning process.
- CPD now notifies RNOs about rezoning applications within 24 hours of receipt of the application, to allow extra time for public comment. CPD encourages RNOs to provide comments quickly to CPD staff members so those can be considered before CPD issues a staff recommendation.
- CPD staff reports include a neighborhood response section to address public comments received. And the Planning Board tries to discuss public comments during its meetings. Buchanan believes this has produced a better process.
- In response to a question, Buchanan said an RNO position statement on a zoning proposal should carry extra weight because the RNO is representing a group of residents.
Neighborhood plans:
- Caryn Champine and Steve Nalley will address this in detail.
- CPD wants to provide a more robust neighborhood planning process and develop more neighborhood plans. Buchanan said that only about 25-27% of the City is covered by a current neighborhood plan. CPD is seeking additional funding for such plans.
Denver Zoning Code:
- The 2010 Zoning Code covers about 80% of the City. The remaining 20% is covered by the old Chapter 59 provisions. CPD would like to get the remaining parcels covered by the 2010 Code. Those remaining parcels were old PUDs, PBGs (planned building groups) and sites with waivers and conditions, and can raise tough issues.
Integrating land use with transportation:
- Mayor Hancock is emphasizing mobility and transportation.
- New investment (based on building permits) has been in “areas of change” (per Blueprint Denver) by ratio of about 11:1.
- Buchanan contends CPD is not a rubber stamp for rezoning, and that less than half of the proposals presented to CPD go forward.
- In 2014 34 parcels were rezoned out of 175,000 parcels in the City.
Implementation and enforcement
- Neighborhood inspection services: has seen a reduction in requests for inspection in 2014 and 2015.
- Inspectors write tickets, notices, and cease and desist orders for things they see in their routes. CPD needs more inspectors.
- NIS: Jose Viveros and Becky Esquibel are in charge.
- CPD is seeking funding for inspections on evenings and weekends.
- NIS statistics show it responds to call within 72 hours 90-95% of the time.
- Buchanan is seeking to address repeat offenders using additional enforcement resources including lien on real estate and large fines. The recent actions concerning the Bosler House are an example, where the City now has a conservator in place.
- The City is aware of false reports of violations and the problems those can cause.
- For questions or concerns with CPD, Brad encourages RNO representatives to contact him directly by email at: Brad.Buchanan@denvergov.org
Updating Neighborhood Plans/ Small Area Plans
Caryn Champine and Steve Nalley discussed CPD’s current process for identifying which parts of the City should receive neighborhood plans or “small area plans.” They provided a set of slides concerning the “Neighborhood Planning Initiative.”
CPD’s Planning Services group handles long range planning, while its Development Services group handles permitting and reviews. Planning Services now has a three-tiered structure: 1) a landmark group; 2) a city-wide planning and implementation group (led by Sarah Showalter); and 3) a neighborhood planning and implementation group (led by Steve Nalley).
CPD is making creation of neighborhood plans a priority in 2016 and 2017 at the same time Blueprint Denver is being updated. Currently 39% of the City has no small area plan, and only 23% of the City has an adopted small area plan created after 2002 (when Blueprint Denver was adopted). The Westwood plan created in 1986 is one of the oldest plans.
The City wants to standardize the process for creating small area plans including the time required. Residents regularly ask CPD when their neighborhood will get a small area plan and it does not have an answer, nor does Public Works (for traffic planning). Some small area plans have taken 5-12 years to develop; others have been completed in 12-18 months. The City currently has 57 small area plans that have been adopted.
CPD wants to have a predictable, multi-year work plan for creating new small area plans. It is developing tools to decide the priority for which areas will receive a plan. It wants to avoid delays in completing plans and track progress.
CPD is considering, and seeking comments on, the following data-driven neighborhood planning indicators for deciding which areas will receive a small area plan soonest:
- livability (need for plan measured by lack of access to parks/open space, lack of walk/bike-ability, childhood obesity);
- investment (need for plan measured by underutilized land, high permit activity, and increasing sales tax activity);
- policy and regulation (need for plan measured by presence of “old zoned land, more areas of change, and mismatch of land use and zoning);
- economy (need for plan measured by presence of cost burdened households, changes in median income, and higher levels of poverty); and
- demographics (need for plan measured by change in total number of households, increase or decrease in population, and shift in employment opportunities).
Steve Nalley would welcome comments on these criteria. One committee member suggested considering the presence of a tree canopy. Nalley indicated the lack of a tree canopy correlates with childhood obesity and poverty. Another member noted the need to consider whether the parks and open space are adequate for a growing population, citing the example of 3,000 new residents for University Park. One member objected to considering childhood obesity. Another member noted that small area plans are needed most in areas experiencing the most change.
Vote on resolution concerning new Excise/License evening hearing procedures.
Margie Valdez presented a resolution to the committee concerning the new procedures for evening Excise/License hearings. She explained that these new procedures were posted without obtaining public or INC comment and they limit the presentation of evidence. Neighborhoods often request an evening hearing to allow more public participation. At a recent hearing on a dance cabaret license for the Beauvallon building, objectors were not allowed to raise noise concerns at the hearing.
Michael Henry explained past close coordination with the Excise/License department concerning hearing procedures.
Margie Valdez and Michael Henry presented a motion asking that the Department of Excise and Licenses promptly: 1) respond in writing to concerns raised about the new hearing procedures; 2) reconvene the working group from 2013 to discuss together whether such procedures should be rescinded or modified; and 3) consider other ways that the Department can rebuild public trust and confidence.
The Committee members voted: 24 in favor, 0 opposed; 2 abstaining. The Committee will present this resolution to the INC Delegation for approval at its next meeting, but also send it to Excise/License now so it is immediately aware of the concern.
Other business.
Anne Elizabeth from Globeville presented materials to Committee members about the special election ballot measure concerning Tourist Tax funding for the National Western and Convention Center improvements. She is working for this ballot measure’s campaign organization. She reported CRL is the consultant that formed that organization. AE requested that ZAP members support her request to have this ballot measure presented and “rigorously discussed” at the next INC Delegates meeting.
The meeting ended at 11:45 am. The next ZAP meeting will be on Saturday, September 26, 2015 at the meeting room at 1201 Williams Street, 19th floor.
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