Committee advances CPD 'mini-bundle' of zoning changes including ADU flexibility, telecom and Prop 123 fixes

The Community Planning and Housing Committee on Jan. 6 voted to move a CPD “mini‑bundle” of zoning and municipal‑code text amendments to the full council for first reading.

Fritz Claussen of Community Planning and Development (CPD) told the committee the package includes four topic areas: implementing Prop 123 expedited reviews for affordable housing (to meet a 90‑day review requirement), updates to wireless telecommunications permitting aligned with state law, changes to accessory dwelling unit (ADU) rules including a targeted exemption to the owner‑occupancy requirement for Denver Housing Authority (DHA) properties, and an extension of site development plan approvals to a 30‑month approval period.

On Prop 123 and expedited reviews, Claussen said CPD is coordinating approval dates to treat the date of final decision as the effective approval date (rather than the recordation date) and removing certain formal design‑board steps for fast‑tracked affordable projects so staff can meet the required 90‑day timeline.

Claussen described the wireless change as adding non‑substantial modifications to existing rooftop or building‑mounted telecommunications facilities to the list of development types that do not require a zoning permit, provided the city is notified in writing. He emphasized the rule excludes new poles in the right‑of‑way, which remain under a different regulatory process. Council President Sandoval raised strong concerns about potential proliferation of small‑cell installations and said that, if it were solely her choice, she would not approve that part of the bundle.

On ADUs, CPD proposed removing or exempting the owner‑occupancy requirement for ADUs on properties owned by DHA to allow DHA to add affordable units across its single‑family portfolio. Claussen said staff initially wanted a broader exemption but encountered technical issues around definitions and enforcement; he described DHA as a "known and trusted partner" in affordable housing. Councilmembers asked for clearer scope documents and a one‑page explainer to show exactly how the targeted exemption would operate and where DHA properties are located (CPD said a citywide list was not available in the meeting).

Staff also proposed extending the approval period for site development plans to 30 months and clarifying that detailed PUD district plans do not expire, a change CPD described as reflecting current practice and reducing administrative extension steps.

CPD described public outreach: a public review draft was posted Nov. 14 with a 30‑day comment period; staff received nine comments during the official period (about 60% concerning ADUs). Claussen said a tentative council first reading is scheduled for Jan. 20 and a public hearing for Feb. 17.

After councilmember questions and debate — including design‑review accountability for fast‑tracked affordable projects and telecom aesthetics — Councilmember Jamie Torres moved the items to the full council; Council President Sandoval seconded. The committee used a voice/thumbs‑up vote and the chair announced the items will advance to the council floor for further action.

The committee discussion flagged several follow‑up items for staff ahead of the council floor: provide a one‑page explainer on ADU changes and DHA scope, clarify the distinction between state and city definitions for qualifying fast‑track projects, and identify how staff will enforce design standards for fast‑tracked affordable housing projects.