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The New Zoning Code Approved By Council
 After five years of meetings, working sessions, listening sessions, drafting and mapping, Denver’s New Zoning Code and Map were unanimously approved by City Council Monday, June 21, 2010.  I would like to thank all the neighborhood leaders, community interests and District 10 constituents who were really great throughout this whole process.

The New Code and map became effective June 25, 2010.  You can view the hearing and Council vote on Denver 8 TV as video on demand from your computer on DenverGov.Org at this link:   http://www.denvergov.org/Default.aspx?alias=www.denvergov.org/denver8tv

 

 The City Council vote caps one of the largest and most significant legislative processes in Denver history – a process that engaged nearly 36,000 participants, including individual residents and neighborhood organizations, business owners, development interests, the historic preservation community and City Council.

The New Code fixes Denver’s antiquated 53-year-old zoning code.  As it is implemented, the New Code will:

  • support a growing economy, a diverse mix of housing and transportation options, strong neighborhoods and a high quality of life;
  • create value and economic opportunity for homeowners and other property owners;
  • increase the clarity and predictability of zoning requirements, saving property owners time and money and reducing the overall costs of projects;
  • preserve the character and quality of our established neighborhoods;
  • promote desirable and innovative development in new and changing areas of Denver;
  • differentiate Denver from other communities, helping it stand out as a place to live, visit and do business;
  • maintain Denver’s vitality and outstanding quality of life.

 

You can view the Denver Zoning Code on DenverGov.Org this link: http://www.denvergov.com/cpd/Zoning/ZoningCodeMapWhatsMyZoning/tabid/432507/Default.aspx

Adopted plans express the community vision and zoning is the legal means of implementing adopted plans. The Zoning Code Update seeks to bridge the gap that exists between current zoning and recently adopted plans such as Blueprint Denver.
 
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Zoning Code Update and Structures in Denver Parks
“Denver folks love our open space. No wonder we're so protective of our vibrant green parks with their flower beds, mature trees and wide vistas. This strong protectionism is reflected in recent citizen concern about rezoning our parks during the city's zoning code update.” That’s what I recently wrote in a Guest Commentary of the Denver Post.  
 
Currently, Denver parks are zoned in many different ways, including single family, duplex/rowhouse, high rise, commercial mixed use, and industrial. Since one of the purposes of the new zoning code is to provide predictability, the new proposal to zone our parks as open space (OS-A) makes sense.
 
But can we do even more to provide additional opportunity for citizen input? Absolutely. The new zoning code is about form, but OS-A zoning says nothing about structures — their height, massing or placement in a park. While the Parks Department does have certain guidelines for some of these, we need to require City Council approval of structures in parks. 
 
Throughout December, I met with my Council colleagues, the planning staff, and the parks department discussing my ideas on how to further refine the OS-A zone district. At City Council Operations Committee on December 14th, we reached consensus to amend Chapter 39 (Parks and Recreation Chapter in the Denver Municipal Code) to formalize City Council’s role in the review and approval process for any proposed new building or building expansion over a certain size in a park. That threshold size remains under consideration. I also want to confer with our cultural facilities that are located in parks, i.e. The Museum of Nature and Science and the Denver Botanic Gardens.
 
In addition to the formalization of a review of structures, City Council provides a “check and balance” to the Mayor and the Manager of Parks & Recreation through its authority regarding many actions relevant to parks, including:
  • Individual Council members appoint 13 of 19 members of the Board of Parks & Recreation
  • Annual budgeting/appropriations for park improvements
  • Approve capital improvements over $50,000 or financed through bond issue
  • Approve contracts in excess of $500,000 for parks improvements
  • Approve lease or concession for park purposes
  • Accept grants/gifts for the creation/improvement of parks
  • Approve “compatible non-park usage” of historic structures in parks
  • Refer to voters any proposal to sell park lands or to lease any park lands for non-park uses
  • Regulate many activities in parks (alcohol, sales, curfews, camping, etc.)
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Background on the New Zoning Code Process
Denver citizens called for reform of the City’s Zoning Code in the 1989 Comprehensive Plan. This message was repeated in the Denver Comprehensive Plan 2000.  Blueprint Denver (2002) provided the vision and initial strategy to begin this effort.
 
The complexity of the current zoning code makes it difficult for property owners to easily identify what is allowed to be built on a given property. That complexity can make doing quality development more difficult and raises the cost of doing business in Denver by requiring lengthy study of our unique and cumbersome zoning code.
 
The Zoning Code Update is making steady progress in the effort to bring Denver’s current regulations into closer alignment with desired development patterns envisioned in adopted plans.  
 
In May, Community Planning and Development held 5 citywide meetings in different quadrants of the city to reintroduce the concepts to the public.  In June and August, the Planning Department facilitated 2 public meetings especially designed for Council District 10.  Each meeting began with a presentation of the Draft Code and Draft Maps by Community Planning and Development (CPD).  Then CPD divided attendees into small groups for facilitated discussions of the draft code and maps where staff responded to questions and recorded recommendations. The input was used for revisions to the draft code and draft map.  Nora, Caitlin, and I have attended and tried to listen to as many neighborhood discussions as possible. Many neighborhoods have submitted comments to CPD and my office. Most of the comments have been about which zone districts are appropriate for the various neighborhoods and areas of District 10, but some of the comments have been about setback, height and other dimensions.  
 
Thank you for your ongoing interest and involvement in the New Code Denver effort.  City Council is pleased with the level of participation we’ve received from the commercial and residential communities through public meetings, e-mails, phone calls, letters and website interactions – all of which will help Denver deliver a new zoning code that offers clarity, predictability economic opportunity, and preservation of Denver’s outstanding quality of life.
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Transition Period Following the Zoning Code Update’s Implementation
City Council approved Resolution 146 on December 7th that details the 6 month transition period following the new code's implementation. The resolution states that the new code and map shall be effective upon final publication of the ordinance adopting the new zoning code and map. However, during a 6-month transition period, persons may continue to apply for development review or zoning permits under the old code and map or, alternatively, may elect to apply for development review or zoning permits under the new code and map. This does not allow someone to submit for a zoning map amendment (re-zoning) under the new map and code. An application for a re-zoning pending before the effective date of the new code and map will be returned to the applicant (with no additional fee) to be submitted in compliance with the new Code. 
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