On Wednesday, July 2, 2020, the Colorado Supreme Court issued a per curiam opinion holding that Colorado’s Governor cannot suspend, by executive order, the state’s constitutional requirements for ballot measure signatures. The Governor had sought, among other things, to permit campaigns for ballot measures that have titles set or pending before the Colorado Supreme Court
On Friday, May 15, 2020, Colorado Governor Jared Polis issued Executive Order D 2020 065, temporarily suspending certain statutory requirements governing the distribution, signing, and certification of ballot measures for the November 2020 election. The Order would, among other things, permit campaigns for ballot measures that have titles set or pending before the Colorado Supreme Court to collect signatures electronically by e-mail or by mail, rather than requiring a petition circulator to obtain signatures in person. It would also give campaigns additional time to collect and submit the required number of signatures. The Order directed Colorado’s Secretary of State, Jena Griswold, to issue temporary rules to accommodate these changes. A coalition of business organizations immediately challenged the Order in court, questioning whether the Governor has the power to unilaterally alter the state’s election laws.
Continue Reading Colorado’s Governor Issues Executive Order Relaxing Requirements for November 2020 Ballot Measures; Business Groups Sue
On July 8, 2019, Denver’s City Council approved sweeping changes to the approval process and standards for large development projects. The Amendment to the Denver Zoning Code replaces the General Development Plan (GDP) process and standards with new Large Development Review (LDR) and Infrastructure Master Plan (IMP) processes and standards.
An approved LDR will now be required for projects in excess of 5 acres, prior to proceeding with an IMP, site development plan, rezoning, subdivision, or other project approvals. Existing GDPs may also be impacted, as discussed below. Developers evaluating larger sites and landowners within existing GDPs in Denver should be aware of the new LDR and IMP processes and familiarize themselves with the Code Amendment.
Continue Reading Denver Replaces General Development Plan Process and Standards for Large Projects
As Denver’s housing market continues to thrive, so, too, do the development-related concerns of existing residents. The rapid pace of development in many City-close neighborhoods has at times pitted residents desiring attractive, pedestrian-oriented communities against developers responding to high demand for urban housing options. On Monday, August 22, 2016, the Denver City Council passed a pair of City-wide development moratoria aimed at addressing parking and architectural issues. CB16-0498 concerns use of the City’s small zone lot parking exemption. CB-16-0541 places a one-year moratorium on use of the Zoning Code’s Garden Court Building Form. Both bills passed with a unanimous vote of Councilmembers present and took effect August 25, 2016.
Continue Reading Denver City Council Passes Pair of Development Moratoria
A Bill allowing for limited residential collection of rain water cleared its final hurdle on Friday, April 1, 2016, when it was approved by a majority of the State Senate. HB16-1005, commonly referred to as the “Rain Barrel Bill”, stalled several times in the State House before eventually making its way through the Senate. Governor Hickenlooper will now sign the Rain Barrel Bill into law and it will take effect August 10, 2016.
Continue Reading Colorado Rain Barrel Bill Clears Final Hurdle