The INC ZAP (Zoning and Planning Committee) met on February 27, 2016 from 9:30 am to 11:30 am at 1201 Williams meeting room. Abe Barge, CPD Senior Planner, attended the meeting.

The Committee discussed the following issues: a) update on marijuana issues; b) description of new text amendment and zone districts for the Arapahoe Square neighborhood; and c) further discussion of the City’s proposed storm water collection channel changes.

Marijuana update

Ashley Kilroy, who is Denver’s Executive Director of Marijuana Policy, provided an update on marijuana regulation in Denver.

Marijuana became legal on January 1, 2014. Kilroy argues the City is seeking to implement the will of voters but also balance other factors including safety. Denver is saturated with marijuana businesses. Denver currently has issued approximately 1,000 marijuana licenses that allow marijuana sale at 440 different locations. Denver has 23% of the metropolitan area population but 95% of the marijuana grows and 85% of the retail stores.

The City has a working group that is studying the marijuana impacts. The positive impacts include a small amount of revenue and jobs. The negative impacts include: adverse effects on surrounding neighborhoods, youth usage, adverse effects on Denver’s image and culture. crime (burglaries on marijuana businesses), a shortage of industrial warehouse space and concern that the marijuana businesses may be stifling the diversity of new businesses in Denver.

The City wants to pause and slow down the growth of marijuana businesses. The City Council adopted a moratorium in November 2015 that runs from January 1 to May 1, 2016. The City is considering caps on marijuana businesses. Some people argue the City should let the free market work out solutions; others contend that excess marijuana supply in Denver is being diverted to a black market.

As of January 1, 2016 any new marijuana retail licenses are now subject to a “needs and desires” hearing. But such hearings are not held for marijuana grow facilities.

Celia VanDerLoop of Denver Environmental Health discussed the City’s current regulation of odors created by marijuana businesses and proposed changes. Currently enforcement requires a complaint from a household. An inspector must verify the problem using a Nasal Ranger device that dilutes the odor with seven times the volume of clean air. That test is based on agricultural operations and rarely detects a marijuana odor violation. If there are five or more verified complaints within a 12 hour period that can also trigger an odor violation.

The City is proposing to expand who can complain and the time frame for complaints (to 30 days rather than 12 hours). The City is also exploring adopting rules to have the marijuana industry implement best practices for odor control.

Committee members asked various questions about current and proposed future odor control regulation.

Arapahoe Square Text Amendment

Abe Barge and Analiese Hock of CPD led a discussion of the City’s proposed new text amendment and zone districts for the Arapahoe Square neighborhood. They presented slides to illustrate the building forms that the new text amendment will allow. The Arapahoe Square area is on the northeast edge of downtown and runs southwest of Park Avenue and southeast of Coors Field.

CPD is proposing this text amendment, seeking to have it adopted during the summer of 2016. A task force has been meeting and supports the changes. The text amendment contemplates two zone districts: one called DAS 20+ for blocks close to downtown, and one called DAS 12+ for blocks close to Park Avenue and the Curtis Park neighborhood. Allowed building heights are defined in feet, not stories (generally 250 feet near downtown and 150 feet closest to Curtis Park). The building forms that are allowed seek to encourage wrapped parking structures and the “point tower” form where a part of the building is taller (up to 350 feet near downtown and 250 feet closest to Curtis Park). The point tower form would allow a maximum 10,000 SF floor plate above five stories.

The City proposes not to require any vehicular parking for new buildings in this area. CPD’s current view is not to have zoning require parking in downtown areas, although there will be requirements for some bicycle parking.

Storm water changes

Drew Dutcher then led a discussion of the City’s proposed storm water collection changes at the City Park golf course and surrounding areas.

Michael Sapp with the Mayor’s office and representatives from Matrix Design Group, which the City retained to work on the storm water plan, presented initial information about the proposed plans for upgrades to the City’s storm water collection system. The current proposal would create new collection systems in the City Park golf course.

Gretchen Hollrah, the deputy Chief Financial Officer for the City also provided some information on the City’s obligations under the Intergovernmental Agreement between the City and CDOT.

There was considerable debate during the meeting about the extent of the connection between the proposed new storm water improvements and the plan to expand and place underground portions of Interstate 70 that are currently elevated near the Stock Show complex.

And there was a vigorous discussion among ZAP committee members about whether the proposed storm water improvements affecting the City Park golf course are necessary, and a good idea, and whether the CDOT plans for expanding I-70 and placing it underground should be changed. Some committee members argued that the new storm water changes would not be necessary if CDOT was not burying and widening the I-70 segment.

At the end of the discussion, Larry Ambrose proposed the following resolution to be presented to the INC delegation at its next meeting (as modified by one friendly amendment):

After brief discussion, the committee approved the resolution by a vote of 25 in favor, one opposed, and one abstaining.

The meeting ended at approximately 12:10 pm. The next ZAP meeting will be on Saturday, March 27, 2016 at the meeting room at 1201 Williams Street, 19th floor.