In the latest installment of an ongoing eminent domain controversy between the City of Glendale and the owner of Authentic Persian and Oriental Rugs, the Tenth Circuit Court of Appeals ruled in favor of the landowner, holding that Glendale should have provided notice of its “blight” determination affecting the landowner’s property, even though such notice is not required under applicable state law. The feud made headlines a few years ago when the landowner, who owns six acres that have been carved out of the area contemplated for “Glendale 180” Riverwalk, accused the City of repeatedly denying redevelopment applications for its property, then creating its Downtown Development Authority to condemn the property after negotiations to purchase the property fell through. Continue Reading Court Requires Notice of Decision to Declare Property “Blighted” under State Law

The Knick property. Source: Pacific Legal Foundation.

Last week, the U.S. Supreme Court granted a petition for certiorari in the case of Knick v. Township of Scott.  In Knick, the Court is being asked to re-examine its 30-year-old doctrine requiring takings claimants to exhaust state court remedies before filing a claim for just compensation stemming from a regulatory taking in federal court.  The decision to grant the petition indicates that at least four justices agree that it’s time to consider eliminating procedural hurdles created by the Court’s 1985 decision in Williamson County Regional Planning Commission v. Hamilton Bank. Continue Reading U.S. Supreme Court To Review New Takings Case—Will It Become Easier To File Takings Claims In Federal Courts?

For more than 15 years, Denver’s comprehensive plan, “Blueprint Denver,” has taken a binary view of neighborhood change—either a neighborhood should expect to change, or it shouldn’t—but it’s looking as though that practice might soon end.  The current system, under which every City lot lies within an “area of stability” or an “area of change,” now seems likely to disappear in favor of a four-tiered categorization developing as part of the “Denveright” long-range planning process.

A bit of background: under Blueprint Denver, the City aims to funnel development into “areas of change” that comprise roughly one fifth of Denver’s land area.  The plan’s complementary goal is in turn to limit growth in “areas of stability” that cover the balance.  Denver development pressure has to some extent followed that vision crafted in 2002, especially as new projects have advanced along Continue Reading Denver to Take More Nuanced Approach to Growth Planning

On Thursday, the Denver Election Division released the final unofficial vote totals for the 2017 municipal election, and it appears that Initiative 300 will pass with 54% of the vote.  We discussed the Green Roof Initiative in a post on October 24, but now that the measure has passed, we need to take another look at how its requirements will affect real estate development in Denver moving forward:

  • The Ordinance only applies to buildings of 25,000 square feet or more of Gross Floor Area, a term defined in the Denver Zoning Code.
  • “Industrial buildings” have a lesser coverage requirement than other buildings.
  • “Residential buildings” less than four stories are exempt.
  • The ordinance only applies to “building permit application[s]” and “site plan[s]” submitted on or after January 1, 2018. Because neither of these terms is defined in the Zoning Code, we expect the Community Planning and Development Department to provide some guidance as to which applications and site plans qualify.  When the City passed the Affordable Housing Fee in 2016, the City did not impose the fee for projects that had Concept Plans officially logged with the City by December 29.
  • The ordinance applies to all “roof replacements” for buildings with 25,000 square feet or more of Gross Floor Area. The ordinance does not define “roof replacement,” so again we will be looking to Community Planning and Development for guidance on this provision.

We will closely follow the implementation of this ordinance and provide updated information as it becomes available.

On Monday night, the Denver City Council approved an ordinance creating Denver’s fifty-third historic district: Packard’s Hill Historic District. Located in the West Highlands neighborhood, the District spans north to south from 35th to 32nd Avenue, and east to west from Lowell Boulevard to Perry Street.  The new district encompasses eight city blocks, and includes thirty-nine Queen Anne-style houses, twenty-nine bungalows, and twenty-six classic cottage houses dating from the late-nineteenth and early twentieth centuries. Continue Reading Denver City Council Designates Packard’s Hill Historic District in West Highlands