Citizen Initiated Ordinance Park and Open Space Preservation

Approved 12-21-20

BALLOT TITLE

Shall the voters of the City and County of Denver adopt a measure prohibiting the following without the approval of voters in a regularly scheduled municipal or special election:

  • any commercial or residential development on land designated as a city park and land protected by a City-owned conservation easement except where consistent with park purposes, conservation easement purposes, or for cultural facilities, and
  • any partial or complete cancellation of a City-owned conservation easement unless for the purpose of creating a new park?

CITIZEN INITIATED ORDINANCE

Park and Open Space Preservation

The purpose of this ordinance is to submit to the registered electors of the City and County of Denver a proposed amendment to the Denver Revised Municipal Code concerning a prohibition (1) on any commercial or residential construction on land designated as a city park and land protected by a City-owned conservation easement and (2) on any partial or complete termination, release, extinguishment, or abandonment of a city-owned conservation easement without voter approval.

Be it enacted by the City and County of Denver:

Section 1..  The Denver Revised Municipal Code is amended by the addition of a new Section 193 under Chapter 39 (Parks and Recreation), Article VIII (Natural Areas) to read as follows:

CHAPTER 39 (Parks and Recreation), ARTICLE VIII (Natural Areas)

§39-193 – Park and Open Space Preservation

  1. (1) Construction of any commercial or residential building on land designated as a city park or protected by a City-owned conservation easement and (2) any partial or complete termination, release, extinguishment, or abandonment of a City-owned conservation easement are prohibited without the approval of a majority of the registered electors voting in a regularly scheduled or special municipal election.
  2. The prohibitions of this section 39-193 do not apply to: (1) construction of and/or improvements to buildings used for limited commercial purposes related to cultural facilities or for park or recreational purposes, and (2) construction of and/or improvements to infrastructure on land protected by a City-owned conservation easement for limited commercial purposes consistent with the conservation easement, and (3) conservation easement cancellation related to the City’s acquisition of the protected land for designated park purposes.
  3. If any section, paragraph, clause or other portion of this ordinance is held to be invalid or unenforceable for any reason, the validity of the remaining portions of this ordinance shall not be affected.

Citizen Initiated Ordinance – Westside Investment Partners

CITIZEN INITIATED ORDINANCE APPROVED 6-8-2021

City Park Land and City Property Protected by a Conservation Easement

Be it enacted by the City and County of Denver:

Section 1. The Denver Revised Municipal Code subsection (5) of Sec. 39-191 is amended by adding the language underlined and deleting the language stricken, to read as follows:

CHAPTER 39 (Parks and Recreation), ARTICLE VIII (Natural Areas)

Sec. 39-191. – Definitions.

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them:

(5) Conservation easement. As defined and provided for in Article 30.5 of Title 38 of the Colorado Revised Statutes. An interest in real property as defined in C.R.S. § 38-30.5-101, et seq., for which a Colorado state income tax credit certificate has been issued by the Division of Conservation pursuant to C.R.S. §§ 12-15-105 and 106.

(Ord. No. 764-97, § 1, 11-3-97)

Section 2. The Denver Revised Municipal Code is amended by the addition of a new Section 193 under Chapter 39 (Parks and Recreation), Article VIII (Natural Areas) to read as follows:

CHAPTER 39 (Parks and Recreation), ARTICLE VIII (Natural Areas)

§ 39-193. – Park and Open Space Preservation

  1. (1) Construction of any commercial or residential building on land designated as a city park or protected by a City-owned conservation easement and (2) any partial or complete termination, release, extinguishment, or abandonment of a City-owned conservation easement are prohibited without the approval of a majority of the registered electors voting in a regularly scheduled or special municipal election.
  1. The prohibitions of this section 39-193 do not apply to: (1) construction of and/or improvements to buildings used for limited commercial purposes related to cultural facilities or for park or recreational purposes, and (2) construction of and/or improvements to infrastructure on land protected by a City-owned conservation easement for limited commercial purposes consistent with the conservation easement, and (3) conservation easement cancellation related to the City’s acquisition of the protected land for designated park purposes.
  1. If any section, paragraph, clause or other portion of this ordinance is held to be invalid or unenforceable for any reason, the validity of the remaining portions of this ordinance shall not be affected.