Land Use Development Code

Recently, the Arvada City Council approved approximately 67 updates to the Land Use Development Code. This was a small update relative to the complete overhaul that was approved in 2020. Updates to the Land Use Development Code are common and often clean up or clarify sections without significantly impacting development in our City. In my opinion, the number of changes requested in one go was daunting, and community members expressed concerns with many of them.

As we look forward to a sustainable future, in character, economy, and environment, it is important that Code changes reflect rigorous consideration for the downstream impacts. Of the 67 updates, three were mentioned several times by attending community members.

Open Space Zoning
The first was a change to the definition of acceptable uses within “Open Space” zoning. The updated language included “public buildings” and, among other building types, listed “hospitals” as permitted. This concerned residents and led to a long discussion between council members on exactly what makes sense to build in an Open Space zoning district. Council member Randy Moorman stated that it would be confusing to the public why anything would be constructed in an area designated Open Space. Council member Sharon Davis noted that facilities like the Arvada Center, Nature Center, and Apex Parks and Recreation District centers currently exist in Open Space and they are wonderful assets for the City. Other members also weighed in and ultimately it was decided that the new Open Space code language would not be adopted.

Medicinal Mushrooms
The second item of significant concern from the public was over the new state law allowing for medicinal psychoactive mushroom usage and cultivation. Council members asked staff if the City could restrict usage or cultivation, but it was unclear if there were substantial options available at the time of the meeting. Mayor Simpson recommended that council review specific steps that would further protect residents from potential impacts at a later date when the issue could receive additional attention. The proposed new Code language would put Arvada in compliance with new state laws passed by voters in 2022. The Code changes for psychoactive mushrooms were approved.

Alternative Cremation Process
The third item discussed at length, provided an alternative to traditional cremation processes. Colorado defines cremation as a way of processing remains that could involve heat/fire OR a type of liquification called “alkaline hydrolysis.” It was noted by the public that the federal definition only includes the more traditional fire/heat method of cremation. Concerns on this issue were over what happens to the by-products and what safety measures would prevent cross-contamination with Arvada’s water supply. Council members asked questions about this issue and staff responded with information on “zero waste permits” that would be required for facilities performing alkaline hydrolysis. This code update was adopted.

Other items discussed by Council and in public comment include the elimination of snow storage requirements, hotel/motels being added to some mixed use zoning districts (a measure that planning commission recommended be struck), and a lengthy discussion on “Director Discretion” as the final authority in special cases for development review.

Public Comment
I spoke with several members of the public after the meeting, where nearly all the recommended updates were adopted. There was a sense of frustration over how many of the issues raised were ultimately accepted by Council. Our Land Development Code is not a perfect document, none of them are. The vast majority of the 67 recommended changes will not have a measurable impact on future development, good or bad.  – but from the public perspective, digesting this quantity of changes with the highlighted red flags listed above was a tall order.

Though this was a long meeting and I am certain all were exhausted by the time it was over, members of the public were provided space to express concerns, staff were given the opportunity to provide clarity, and elected representatives deliberated and voted in a public setting. The Code was imperfect before and after the meeting. What I walked away with was continued appreciation for engaged community members, our hard working staff, and our elected members of City Council.