Planning Meeting

     On September 17th of 2013 the Land Use, Transportation and Infrastructure Committee met.  The members of this committee are as follows: Jeanne Robb of District 10, Peggy Lehman of District 4, Judy Montero of District 9, Mary Beth Susman of District 5, Susan Shepard of District 1, and Paul Lopez of District 3.  Note: Paul Lopez joined the meeting after it had begun.
     The agenda for the meeting were:

• Approved Street Trees- a presentation by Denver Forester Rob Davis of the Parks and Recreation Department
• Bill Request-BR13-0589- It amends chapter 59-2 to assure continuation of certain building and bulk plane limitations when land subject to "former chapter 59" zoning is mapped next to lower-density "protected districts" under the Denver Zoning Code.  Tina Axelrad- Community, Planning and Development.

     Rob Davis was returning from a previous presentation at another meeting where he was requested to provide information on the approved and not approved types of trees for Denver's right of way.  I searched all the LUTI meetings back through June and could not locate where he made this presentation.  It possible was a city council meeting or another committee, they did not specify.  The first selection of trees was approved shade trees.  He presented each tree with a list of qualifications, generally focusing on drought resistance, soil adaptability, disease issues, the type of seed or seed pod that they produce (in relation to clean up), and gave a size probability and list of the state champion in that species.
     The following is a list of the approved shade trees and their descriptions:

Kentucky Coffee Tree

• Extremely Drought Tolerant
• No known insect issues
• Big fanned leaves, produces good shade
• Large seed pods for female trees
• Male clones available
• "ugly duckling syndrome" starts as a single stick style tree.  Needs time to grow.
• Good soil variaton

English Oak

• Oaks are species specific (some work better in Denver than others)
• Big Shade
• Few Insect Issues 
• Good upright replacement tree
• Tolerant of Ph. levels in Colorado 
• Slow to drop leaves

Bur Oak

• Drought tolerant
• Soil tolerant
• Doesn't need supplemental watering
• Needs some space to grow
• Big fuzzy acorns

Chinkapin Oak

• Nice autumn color
• Narrow form
• Can be nice street trees
• Soil tolerant

American Sycamore

• Not as drought tolerant as oaks
• Big round seed
• Smooth Bark
• Big broad leaves
• Tolerant tree for urban environments

Sugarberry/Hackberry

• Rob Davis "Would like more Sugarberry"
• Smooth Trunk
• Drought Tolerant

Honey Locust

• Gets overplanted
• Deals with low water
• Tough tree
• Can be thorny

Elm

• Sigma of Dutch elm disease
• Historic street tree
• Denver battle Dutch elm disease successfully

Catalpa

• Largest leaf
• Beautiful flowers
• Large Pod
• Drought Resistance
• Soil Resistance

Japanese Pagoda 

• Flower-Pod
• Rugid Tree
• Meduim sized tree
• Tolerant

Next are ornamental trees

Crabapple

• 500 different selections
• large to small fruit
• green leaf to purple leaf 

Hawthorn

• Extremely drought tolerant

Ornamental Pear

• Nice Flowering

Bigtooth Maple

• Extremely Drought Tolerant
• Soil Tolerant

Japanese Tree Lilac

• Flowering with Lilac Aroma

Eastern Red Bud

• Spring Flowers

Golden Rain Tree

• Flowering
• Lantern seed pod
• Very drought tolerant

Magnolia

• Some success in Washington Park
• Star magnolia does well in Denver

Cornelian Dogwood

• Flowering before leaves
• red fruit

Wavy Leaf Oak

• Very Drought Tolerant

Here is a link for the presentation and list of approved trees: http://www.denvergov.org/sirepub/cache/2/l0pu2pqvjvzt1c55m2lmlv55/43955810062013012154809.PDF ,http://www.denvergov.org/sirepub/cache/2/l0pu2pqvjvzt1c55m2lmlv55/4395591006201301240091.PDF
 

     After the list of approved trees Davis went over the Right of Way regulations.

• Permit required for all plantings in the Public Right of Way
• Permit required for all removals from the Public Right of Way
• Certain species currently not permitted for the Public Right of Way

Davis then mentioned that the permits for planting and removals are free.  They just want to guarantee success of the trees being planted.  They want to make sure it is the right type of tree for the area, not close to signage, not on top of water mains and pipes, and there is enough spacing.  There are also situations during tree removal where some trees would not be allowed it the tree is healthy and a good species for the area.  Davis suggested that public information is needed to make the public aware that permits are needed in these cases.  The question was asked by councilwomen Shepherd if the permit required an inspection or was it just advice.  Davis confirmed that an inspector indeed comes to the property to inspect where the tree is going or where it is.  Council woman Shepherd suggested the need for a article that can be put into the local district newsletters.  There was also a suggesting of possibly handing out pamphlets when people are purchasing the tree.

    At this point of the meeting councilman Lopez introduced the issue of areas of the city whose tree maintenance, removal, and planting had been neglected due economic issues in these areas.  The question was asked if their is plan for those that are in financial need to help with the fee that comes with tree removal.  Davis said that their is a plan in place for those situations where their is a code violation and a tree has to come down and the home owner does not have the money to pay.  Davis said that there is a 12 month payment program in Denver that can help those with tight financial issues.  There is also financial assistance for those that are unable to pay.  They are able to apply for the financial assistance.
     Lopez then made an appeal to his fellow city council member that there is a need for assistance along Alameda Prkwy. between Federal Blvd. and Sheridan Blvd.  The trees in this area are being under-maintained due to economic strife in the area.  He also added the Monitbello area as suffering for the same issues.  He said that there have been volunteering offered, but the city declined due to liability issues.
     This issue was then essentially dismissed by chairperson Robb on the grounds that this is a huge policy change issue and would need to be brought up at a later date.  Lopez was not informing Davis on these issue, he stated that Davis had been "very helpful", and has tried to work on the situation.
     The last portion of this section of the meeting Davis listed the trees that are not allowed in the Right of Way and those are:
   
     Walnut-due to disease

     Autumn Blaze Maple-Not doing well in Denver due to soil intolerance

     Silver Maple-decay issues
   
     Ash- Insect issues (Emerald As Bore)

     Poplar and Willow

     Boxelders-decay issues

     Siberian Elm-decay issues

     Weeping Trees-Obstruction of Sidewalks

    Evergreens


    The next issue brought forth by the committee was a Bill Request.  It was Bill Request 13-589, it assures continuation of certain building and bulk plan limits in the Denver Zoning Code.  This is an amendment to the zoning code and the purpose is to ensure the continuation and building height and bulk controls on development under the former chapter 59 zoning when mapped next to Denver Zoning Code protected districts.
     My general understanding of this amendment is that there are areas of the city where the land was zoned under former chapter 59(Denver's former zoning code) and  instead of changing these areas to the  revised zoning code were left and labeled as former chapter 59.  Which, is not a problem until the land next to them which is zoned differently has height and bulk issues.  This proposal was presented to Denver Planning Board on August 21st 2013 and was recommended to be approved and then sent to the LUTI for recommendation for the city council.  This is all in regards to the Denver Revised Municipal Code (DRMC) Section 59-2. See Below.

http://library.municode.com/index.aspx?clientId=10257

Sec. 59-2. Former chapter 59.
(a)
Chapter 59 of the Denver Revised Municipal Code as filed with the Denver City Clerk on 20^th day of May 2010, at City Clerk Filing No. 10-512, ("Former Chapter 59"), shall remain in full force and effect for any land not rezoned to zone districts in the Denver Zoning Code. No changes shall be enacted to the provisions of the former chapter 59 after June 25, 2010.
(b)
For lands retaining their zoning designation under the former chapter 59, including land zoned planned unit development (PUD), land zoned with waivers and conditions and land subject to a planned building group site plan, all provisions of the former chapter 59, including procedures, shall apply.
(Ord. No. 333-10, eff. 6-25-10)

Analysis of Bill Request 13-589 

  There are areas in the city that developers are having zoning issues with when there is land next to the former chapter 59 zoning code and there is not a gap put in place to connect those two zones.  Protected former chapter 59 zones do not include residential zones under the new Denver Zoning code (because they didn't exist when the Former chapter 59 was written).  Height and bulk provisions are not triggered when a land in a controlled zone district in the former chapter 59 is mapped next to Denver Zoning Code protected zones.  This bill request will essentially gap this oversight, which is hampering development and could potentially harm the livability of neighborhoods around Denver.  Council person Shepherd asked if this had to do with issue pertaining to the Jefferson Park development.  Axelrad said that it is indeed in relation to that, plus other plans around Denver.

     In a statement sent from the Curtis Park Neighbors Inc. president Joel Noble explains their reasoning for requesting and supporting this bill request.  He explains the issue in a less convoluted way as was presented at the committee meeting.  His explanation is that the reason for this bill is that in certain situations when a parcel of land zoned under the DRMC is next to a parcel of land that is zoned from the former chapter 59 zoning code, there can arise a density or height issue between the two parcels.  He cites a situation is Jefferson Park where a developer tried to use the old code to build higher density buildings next to a DRMC zone that was zoned for lower density.  He states that this situation has yet to happen in Curtis Park, but there is area in Curtis Park that are zoned in this manner, and they are hoping to amend this oversight in the DRMC before that same situation occurs in Curtis Park.  http://www.denvergov.org/sirepub/cache/2/knw3spr4m4crbi45bbjgg145/43956710092013045141150.PDF



Zoning map showing the areas of former chapter 59 (in red).

    If this amendment is approved it will create an addition to the current code 59-2, which will be sub-section C, which states:

(c) For purposes of applying the limitations on bulk planes and building heights in 
Section 59-96 of the Former Chapter 59, the “protected districts” identified therein shall 
also include the zone districts defined as “protected districts” in Section 13-3 of the 
Denver Zoning Code. 

     This will create entitlements for the DRMC zoned area to have the height and bulk limits remain consistent throughout the neighborhood.  This will alleviate the opportunity for developers to use the system to push through projects that will not be appreciated needed by the neighborhood.

http://www.denvergov.org/sirepub/cache/2/knw3spr4m4crbi45bbjgg145/43956610092013052729211.PDF