Neighborhood Noise Causes Councilmembers To Waiver Support For Group Living Proposal

Neighborhood Noise Causes Councilmembers To Waiver Support For Group Living Proposal

by Robert Davis

As City Council prepares to vote on the Group Living Proposal in October, several neighborhood organizations and residents are sounding off against the plan, saying it doesn’t address the right issues and would negatively impact neighborhood characteristics.

Their calls are growing so loud that it’s causing some councilmembers’ support for the proposal to waiver.

Group Living Proposal

The Group Living Proposal was developed by CPD to address rising housing costs and the threat of displacement for Denver’s low-income residents. The plan seeks to overhaul several parts of Denver’s zoning code. Most notably, the number of unrelated people that can live together in a single-family dwelling would increase to eight from its current limit of four. It would also consolidate group living use restrictions into two categories — Residential Care and Congregate Living — and allow developers to build them in single-family neighborhoods.

Residential Care include homeless shelters, community corrections facilities, and sober living homes. Dormitories and tiny home villages are examples of Congregate Living facilities.

Following the bill’s hearing before the Land Use, Transportation, and Infrastructure Committee (LUIT) on September 1, Councilwomen Amanda Sawyer (District 5) and Kendra Black (District 4) penned an op-ed in The Denver Post calling for the plan to undergo a more strenuous review before it’s approved.

Op-Ed: Denver Councilwomen Amanda Sawyer, above, (District 5) and Kendra Black, below, (District 4) penned an op-ed in The Denver Post on September 1, 2020, calling for the group living plan to undergo a more strenuous review before it’s approved. Denver Councilmembers Kevin Flynn (District 2), Jolon Clark (District 7), and Paul Kashmann (District 3) co-signed the op-ed.

“We don’t dispute the need for change. However, rubber-stamping this proposal is not the best way to update the code to modern reality,” they wrote. “With CPD now kicking off a two-year project aimed at eliminating single family zoning, and neighborhood plan updates underway across the city, we have to look at group living in a broader context.”

Councilmembers Kevin Flynn (District 2), Jolon Clark (District 7), and Paul Kashmann (District 3) co-signed the op-ed.

In the op-ed, the councilmembers objected to the fact that the plan does not address the most problematic part of the city’s zoning code, Chapter 59. It was adopted in 1956 and has functioned as Denver’s second zoning code since 2010 when the city adopted its new code. Properties covered by Chapter 59 make up approximately 20 percent of Denver’s total zone districts, according to city estimates.

City auditor Timothy O’Brien issued a report in 2015 saying the coexistence of both zoning codes negatively impacts the “equal treatment of all citizens and long-term success of the city’s goals.” CPD agreed with O’Brien’s recommendation to undertake a cost-benefit analysis of switching to a single zoning code, but it was never implemented.

Neighborhood organizations and residents have been echoing these concerns since March, according to Jerry Doerskin, a Southmoor Park resident. Doerskin says the plan lacks practicality and should affect the entire city if it’s truly worth its salt.

“It’s grossly unfair to impose these kinds of zoning changes on four-fifths of Denver and leave the rest untouched,” he told the Glendale Cherry Creek Chronicle.

Doerskin says the practical application of the plan will ruin the characteristics of his neighborhood by severely taxing the city’s aging infrastructure.

In January, Colorado’s mayors united to call for more infrastructure funding after the American Society of Civil Engineers (ASCE) gave the state a C- on its 2020 infrastructure report card. ASCE found the state’s roads, drinking water supply, and energy grid face significant challenge because the state hasn’t adequately maintained its infrastructure, amounting to a $14 billion funding gap.

Over the past two years, state lawmakers have given $2.7 billion to cities and counties to help pave their roads. However, this creates a paradox for the state’s budget, as it is now being asked to support local road projects when it’s proven to be ineffective at adequately funding state projects.

Exemplar 2: Developers in Colorado and throughout the country are enthusiastically backing zoning for group living which will lower the cost of living units and greatly increase urban density.

Infrastucture was a driving force behind Doerskin and other members of a group he co-founded to oppose the Group Living Proposal called Safe and Sound Denver, submitting a petition with over 2000 signatures of Denver residents who oppose the proposal prior to the September 1 LUIT meeting.

“There is very little to support in this bill,” he said. “I know addressing homelessness and high living costs in Denver are valid concerns, but to totally increase density like this is unreasonable. I could support a moderate increase of unrelated people living together. But, if that’s not acceptable to Council, they should vote it down and take up the issues one at a time.”

High Hurdles

Even if Denver didn’t have an infrastructure issue, existing state laws present hurdles to development that lawmakers haven’t figured out how to cross.

Colorado outlawed inclusionary zoning practices in 1981, thus preventing cities and counties from implementing rent control policies and requiring developers to set aside a certain amount of units for low-income residents. In 2000, the Colorado Supreme Court reinforced the law in Telluride v. Thirty-Four Venture when it added home rule municipalities to its jurisdiction.

Denver-area Democrats have tried to pass legislation overturning the Telluride decision in 2020, but it never made it out of committee.

On top of these restrictions, Denver has a hard time incentivizing developers to build affordable units because the of the city’s construction permit fees. Developers may be asked to pay permit fees which are determined based on the value of their project and an extra fee to expedite the city’s review of their permit application. After that, developers have to pay an affordable housing fee of up to $1.65 per square foot.

Once the coronavirus pandemic hit and material prices began to skyrocket, the city faced even higher hurdles. The price of lumber has climbed $300 per thousand board-feet since mid-March and steel has increased 10 percent to almost 3700 Yuan.

A Private Enterprise

While Group Living Proposal supporters claim they are looking toward Denver’s future, some residents worry the city will be dragging along historical problems.

In 2017, CPD coordinated with the mayor’s office to create the Group Living Advisory Committee (GLAC), a 48-member congregation of community members, neighborhood organizations, private and public interests tasked to identify outdated areas of the city’s zoning code.

Members represent various industries ranging from corrections to homeless services and developers. Both At-large councilwomen, Robin Kneich and Deborah Ortega, represent City Council.

Neighborhood organizations make up just eight representatives on GLAC, leading some residents like Paige Burkeholder, to suspect that the project is meant to serve private interests and help term-limited politicians like Mayor Michael Hancock line up future campaign donations.

“Overall, this is such a massive overhaul to the zoning code with very little input and dialog from residents of neighborhoods,” Burkeholder told the Chronicle.

Two GLAC members Burkeholder focuses on are Geo Group and Core Civic, both of whom are private corrections companies. Between 2012 and 2017, both companies spent approximately $718,000 to lobby state lawmakers in Colorado, according to Follow The Money, a campaign finance research database.

Core Civic runs its state-level lobbying operations through Greenberg Taurig, a firm several councilmembers know well. Since 2003, Greenberg Taurig has donated at least $23,000 between Hancock and Ortega’s campaigns, according to each candidate’s financial disclosure forms. An overwhelming majority of the donations went to Mayor Hancock.

What About The Future?

Colorado has been experimenting with similar rules since July when Governor Polis suspended limitations on the number of people who can live together to help unhoused and displaced people into the state’s shelter system. Similarly, LUTI passed a temporary moratorium on group living developments in Chapter 59 communities and CPD issued a memo in September staff saying the agency considers enforcement of group living rules its lowest priority in September.

But, while these changes are neither permanent nor readily noticeable for many residents, some say the focus should continue to be on the future of the proposal and nailing down how it will impact homeowners across Denver.

“The only way to make this proposal work is to go back to the beginning and start over,” Burkeholder said. “We need to make sure every voice is heard, not just the one’s the city wants to hear.”

Exemplar: Drawing of Group Living in the Five Points area of New York circa 1840.

Pick Your D.A. Pick Your Justice

Pick Your D.A. Pick Your Justice

The Chronicle is distributed in both Denver and Arapahoe counties. If you were alleged to have committed a crime it didn’t normally matter on which side of the county line it occurred, but today it can. Denver District Attorney Beth McCann is a longtime Democratic politician and she approached her job as D.A. with her political sensitivities very much intact. George Brauchler, the term-limited District Attorney for Arapahoe County, has been a Republican candidate for governor and attorney general and is considered a viable candidate for statewide office as a Republican in the future.

D.A. Beth McCann

McCann’s and Brauchler’s different views of what is a crime in Colorado has been on great display regarding political protests/ riots in both jurisdictions. In a May 28th protest at the State Capitol, demanding justice regarding the death of George Floyd at the hands of Minneapolis police, a group of protesters surrounded the car of Jennifer Watson, 37, who was on her way home. A protester jumped on her hood and smashed her windshield in two places which obstructed her view. She appears to turn and brush against the protester who was previously on her hood without real injury.

A petition on Change .org gathered 38,000 signatures demanding that D.A. McCann charge the driver with a crime. In response, two months after the incident Watson was charged by McCann with third degree assault for knowingly or recklessly causing bodily injury. She faces 6 to 24 months in jail on those charges. She was also charged with reckless driving. The person who jumped on the car, nor anyone connected to the May 28th events in Denver, was charged by McCann.

Over in Aurora on July 25th, protesters seeking justice in the death of Elijah McCain in the hands of that city’s police department, poured into the streets and sought to block traffic on Alameda Avenue and Interstate 225. A driver of a blue jeep sped through the protesters on I-225 while a protester apparently fired two shots at the vehicle, hitting two other protesters.

D.A. George Brauchler

Brauchler publicly declined to charge the driver stating that: “If this guy wants to run into people he had plenty of opportunity to do that [but didn’t].”

Brauchler did, however, file charges against four persons who organized the protest for rioting, and the attempt to commit first degree kidnapping. Dave Young the Democrat D.A. for the 17th Judicial District which includes that part of Aurora in Adams County also charged those four and two additional individuals.

In response to Brauchler’s actions, Aurora protester Rebecca Wolf declared: “It doesn’t surprise me, but it’s all nonsense. I’m pretty sure if it was my son driving, who is young and brown, he’d be behind bars already.”

We are not sure skin pigmentation is necessarily how D.A.s in Colorado charge in most cases, but the politics of the D.A. sure does make a difference. In the recent September 23rd Breonna Taylor protest, there was a driver going through the crowd that was blocking downtown and he was detained. His chances of getting charged are significantly greater in the City and County of Denver than they would have been in Arapahoe County.

May 28th protest at the State Capitol.

These days you can get the justice you want by voting for a D.A. candidate that reflects your values. If you identify with the protesters there are justice warrior D.A.s like Kim Foxx of Chicago, Kim Gardner of St. Louis, and Larry Krasner of Philadelphia. If law and order is your mantra there are viable candidates that fit that slot, except, of course, in Denver. Beth McCann knew the danger to her re-election this fall would be from the left and she shored up her support on the left with her charging decisions. Her only opposition is Libertarian William F. Robinson III which means she is a shoo-in.

However, it is a different story outside Denver. In the 18th Judicial District (Arapahoe, Douglas, Elbert and Lincoln) George Brauchler is term-limited and Amy Padden (D) and John Keller (R) face off, while in the 1st Judicial District (Jefferson and Gilpin counties) Democratic candidate Alex King is reputedly strongly supported by George Soros affiliated groups over Republican Matt Durkin.

July 25th protest in Aurora.

At one time Arapahoe and Jefferson counties were deemed Republican strongholds, but no longer. The two races should be close. Pick your D.A. and get the justice system you want. In Denver, you get Beth McCann and her politically oriented justice, for better or worse.

  • Editorial Board
Cyberbullying: How To Spot It And How To Stop It

Cyberbullying: How To Spot It And How To Stop It

by Kim Schulz, VP of Youth Development, YMCA of Metro Denver

Virtual schooling has more kids and teens online now than ever before. While technology has led to ease of learning, resources and flexibility, it can also make more teens vulnerable to cyberbullying.

Remember, bullying doesn’t just happen at school. It can happen anywhere, including through texting, the internet, social media and gaming platforms. So, just what is cyberbullying? It is most often repetitive behavior aimed at badmouthing, humiliating, scaring or shaming those who are targeted. Examples include:

•           Spreading lies about someone or posting embarrassing photos of them on social media.

•           Sending hurtful messages or threats using online messaging platforms.

•           Impersonating someone and sending mean messages to others on their behalf.

So what should you and your child do when it happens to you? Here are some helpful tips to not only recognize cyberbullying but to deal with it.

Prevention

The first step is to place appropriate permissions and restrictions on technology usage and access to electronics. Setting reasonable limits early on can prevent kids from becoming too attached to their computers and devices later.

It’s also a good idea to have open communication with your child. Encourage your son or daughter to come to you with questions and concerns and let them know that no subjects are out of bounds.

Spot It And Stop It

There are some red flags when it comes to bullying; behavior changes include isolation, withdrawal and avoidance of activities and events. Be on the lookout for changes in your child’s behavior and inquire about the root cause.

If you observe any behavioral or emotional changes in your child, be sure to address the subject in a calm, non-threatening, private manner at a time and place when both you and your child can communicate openly. It may even be helpful to rehearse what you’re going to say to your child in advance.

Another telltale sign of cyberbullying is your child’s preoccupation with his or her computer or device; fixation on a device in concert with behavioral changes can often signal something going on behind the scenes.

If you do need to check your child’s device, it’s recommended that you have a discussion with them first and involve them in the process. Unless it’s an extreme circumstance, it’s rarely advisable to betray your child’s trust by going through their private messages without their knowledge.

If your child cites a cyberbullying instance, it’s important to remain calm and let them know you’re glad they shared it with you. Then the two of you can have a discussion about the best next steps, whether it’s alerting the bullying child’s parents, closing an online account or another method; by working together, you can arrive at a solution that will not only help remedy the issue but also alleviate additional stress for your child.

Keep Communication Open

Keep the lines of communication with your child open; continue to have ongoing dialogue with your child after the incident. As parents, it’s up to us to inspire confidence in our children, both online and off.

And, if you and your child have done everything you can to resolve a situation and nothing has worked or something is in immediate danger, seek the appropriate authorities for help.

To learn more about youth education and leadership programs, as well as health and fitness programs at the YMCA of Metro Denver, visit www.denverymca .org.

Fall Back In Masked Confusion

Fall Back In Masked Confusion

October is customarily characterized by comfy sweaters, pumpkin spice, jack-o-lanterns and trick-or-treating. The pandemic, however, has created masked confusion. Some think everyone is dressed as masked schnooks. This year, however, wearing masks gives us 2020 vision. Thus as Halloween approaches humbly ask, “Whoo ghost there?”

Paint on a brave face, we’ll be worse for wear. It’s hard to think of anything that has so radically and rapidly become so integral to our daily lives at home and at work.

Strap on your mask, here are our unisex and reusable ghoulish choices for shopping, dining and entertainment even when wearing a colorful face covering:

3          View exhibit highlighting Masks as an art form plus a universal symbol as a public health issue at DU’s Vicki Myhren Gallery now through Dec. 1. Exhibits feature the work of 30 artists. Information: 303-871-3716.

3          See all of your favorite Dragon Boat Festival performers and vendors during virtual fundraising campaign Oct. 3. Information: 303-953-7277.

3          Watch spooky movies Oct. 8 and 22nd at RiNo’s Ironton Distillery with cocktails and nibbles. Doors open at 8 p.m. Information: 720-532-0937.

3          See displays of jack-o’-lanterns and glowing pumpkins at Denver Botanic Garden’s Glow At The Gardens Oct. 19-23. Information: 720-865-3500.

3          Experience relaxing, warm and friendly fall dining at Toro Latin Kitchen inside Cherry Creek’s JW Marriott. Select from tasty small plates and family-style entrees plus cocktail and wine. Information: 303-253-3000.

3          Extraordinary health care is now open in the heart of Cherry Creek on the corner of 1st Ave. and Cook St. UCHealth building has outpatient surgery center with free valet and self-parking. Information: 720-848-0000.

3          Take the family to Union Station for annual BOOnion Trick-Or-Treat costume parade in the Great Hall Oct. 29. Information: 303-592-6712.

3          Learn about Denver’s African-American experience at Lowry Speaker Series in Eisenhower Chapel Oct. 27, 7 p.m. Information: 303-344-0481.

3          Fall into some old-fashion family fun during annual Pumpkin Harvest Festival at Four Mile Historic Park Oct. 2-4, 9 a.m.-8 p.m., Sun. to 6 p.m. Autumn fun includes live music, food trucks, photo booth, pioneer games plus pick pumpkins from park’s patch. Attendees can also enjoy cool fall inspired beverages plus a full bar. Advanced purchase of timed tickets required for safe 90-minute experience. Information: 720-865-0800.

Albeit we’ve already had an early cover-up of snow, most years the season’s first snow habitually arrives near Halloween. It’s the third season of the year coinciding with the dropping of leaves from trees, which is why it’s also called fall. It’s a time when we start to unwind and simmer down, to hang loose, laze and begin to feel cozy at home.

In March as we set clocks to “spring forward” the pandemic forced us to knock off. Now we’re locked in masked confusion as the clock creeps toward “fall back” time.

We don’t formally “fall back” until Nov. 1. Nonetheless, the pandemic’s monster mayhem endures as a devilish fall fad. Large gatherings are a ghostly thing of the past. Before the sun rises earlier on our clocks, we’re stuck in a soul-searching hullabaloo. Even after we gain an hour the ghostly glow will give ‘em pumpkin to talk about.

 — Glen Richardson

The Valley Gadfly can be reached at newspaper@glendalecherrycreek.com.