The INC ZAP (Zoning and Planning Committee) met on January 23, 2016 from 9:30 am to 11:30 am at 1201 Williams meeting room. City Council members Mary Beth Susman and Raphael Espinoza attended the meeting, along with Abe Barge, CPD Senior Planner.

Councilwoman Mary Beth Susman introduced the discussion of short-term rentals with a brief description of the City’s plan to pass zoning and licensing changes to allow certain types of short-term rentals in Denver.

CPD Senior Planner Abe Barge described the proposed zoning text amendment. He explained that the City counts about 2,000 short-term rentals currently being offered in Denver on public websites like Airbnb, VRBO, etc. The text amendment would allow a primary resident (owner or long-term renter) to allow a short-term rental of less than 30 days, provided the person obtains a license from the City. Absentee landlords would not be allowed to rent out their properties for short-term use under this proposal. An existing accessory dwelling unit could also be rented out. The City would not require a zoning permit for this “accessory” use of a property. Instead, the primary resident would need to obtain a license from the Department of Excise and License and post the license number on any website listing for the property.

Stacie Loucks, Director of the Department of Excise and Licenses, then discussed the proposed license requirement. Each primary resident would pay an annual fee of $25 for a short-term rental license, and could apply for the license on-line. The license holder would have to meet certain safety requirements (e.g., liability insurance and smoke detectors) and would have to provide a rental packet to guests. The City could take enforcement action against licensees for: a) noise problems (through the police); and b) taxes owed. City inspectors would check commercial short-term rental websites to look for valid license numbers indicating compliance. License could be revoked following a hearing. The City is requesting authority to summarily suspend a license followed by a show-cause hearing where the primary resident would be allowed to prove why it should continue to operate. She noted that homeowners associations or other covenant protected communities (such as certain condominium buildings) could still ban short-term rentals even with the proposed change.

During the next 40 minutes, until about 10:30 am, various committee members and guests presented differing views about the value of allowing short-term rentals in Denver and the problems that such rentals can pose for nearby residents. They also discussed whether existing owners would sign up for a license and whether short-term rentals should be allowed in additional circumstances. Some participants expressed concern that legalizing short-term rentals would diminish the supply of affordable long-term rentals in Denver.

The City is holding community “town hall” meetings on the proposal four times during February: February 3, 11, 17, and 25. The City expects to move forward soon with a Planning Board hearing and City Council hearings on the proposed ordinance changes.

Proposed stormwater detention changes affecting the Cole neighborhood
Next the Committee heard a presentation by Denver residents Kimberly Morse and Diane Rhodes about the City’s proposed new stormwater detention structures and their impact on the Cole neighborhood. The City is planning, among other things, to build an open channel structure that will be placed on a one-hundred foot wide right-of-way. They are seeking neighborhood support for opposing the City’s changes.

They discussed periodic flooding problems from overflowing streams in south City Park and explained that problems can occur with flood water moving from south to north toward the Platte River, beginning in the area of the Fairmont Cemetery. They are concerned with the City’s proposal to purchase and demolish approximately 55 homes in the Cole neighborhood to create additional stormwater detention structures. They noted that the City is planning to acquire houses during the spring and summer of 2016 and is scaring residents about what will happen to their homes or nearby. They point out that these new changes would not address flooding south of the area where the construction would take place such as Park Hill, and instead these changes appear to be designed to address new stormwater drainage issues that would be caused by CDOT’s proposed change to I-70, which would replace the existing elevated highway with a wider below-grade highway covered in some places by a “cap.”

Some committee members noted in discussion that the stormwater problems the City faces are the result of density because parts of the ground that are covered by houses or pavement cannot absorb stormwater. Others noted that the City appears to be setting up conflicts between the Cole and City Park neighborhoods.

Just before the end of the meeting, Tony Vaida asked the ZAP Committee to pass a resolution asking the City not to decide during February 2016 whether to proceed with this proposed stormwater detention plan, and instead to explore other alternatives. The Committee voted unanimously in support of this resolution, with one abstention.

Christine O’Connor briefly discussed recent statements indicating that CPD is already working on developing a proposed update to Blueprint Denver.

She proposed that the ZAP Committee adopt a resolution urging the INC Executive Committee to send a request to the Mayor and CPD Director stating that it is vital to have INC and Registered Neighborhood Organizations involved in preparing the update to Blueprint Denver, and the City should include INC and RNOs in the discussion about such changes before the work on a draft is completed. The Committee voted on this proposal with unanimous support except for one abstention.

Blair Taylor of Park Hill discussed concerns with her neighbor’s proposed zoning change to allow a split of a large lot on Montview at Glencoe. CPD is currently reviewing that proposal. She explained concern that allowing such a zoning change there would destabilize the historic district along Montview and encourage other property owners to seek to split up their large lots, changing the character of the street.

Margie Valdez mentioned that Excise/License is still reviewing issues on evening hearing procedures and hearing officers. Several other members provided brief updates on miscellaneous meetings and issues.

The meeting ended at approximately 11:30 am. The next ZAP meeting will be on Saturday, February 27, 2016 at the meeting room at 1201 Williams Street, 19th floor.