Real Estate Development

Credit: Valentin Brajon

Later this summer, the Environmental Protection Agency (“EPA”) will institute more stringent, recalibrated Energy Star certification metrics in an attempt to reflect current market conditions. As a result of this recalibration, Energy Star scores are expected to drop an average of 10 points for office buildings and 16 points for retail buildings.

If maintaining your current Energy Star score is a priority, the EPA recommends that you apply for your building’s 2018 Energy Star certification no later than July 26, 2018. To accommodate as many applications as possible before the more stringent metrics kick in, the EPA will not enforce its typical 11-month waiting period between applications during this application cycle.  As a result, all buildings that earned a 2017 Energy Star certification will be eligible to earn a 2018 Energy Star certification before the deadline this summer.  Applications submitted after July 26, 2018 may be evaluated with the updated metrics, especially if extensive follow-up is required, and applications submitted after August 26, 2018 will definitely be evaluated with the recalibrated metrics.

For more information about Energy Star and this summer’s updates, please visit https://www.energystar.gov.

Resolute’s proposed self-storage facility is shown in the graphic above. Source: Resolute Investments.

In May, the Colorado Court of Appeals upheld the City of Thornton’s approval of a specific use permit for a self-storage facility against a challenge brought by a competitor self-storage facility.  While the court’s decision in Stor-N-Lock Partners #15, L.L.C. v. City of Thornton was a victory for the defendants, including the city and the developer, the court ruled that defendants in Rule 106(a)(4) actions may not recover delay-induced damages through the imposition of a bond.  Otten Johnson attorneys Brian Connolly and Bill Kyriagis represented the defendant landowner and developer, CenturyLink and Resolute Investments, Inc., respectively, throughout the proceedings.

In the case, Resolute obtained the city’s approval of a specific use permit for its project.  A neighboring self-storage facility challenged the approval under Colorado Rules of Civil Procedure Rule 106(a)(4), which allows for judicial review of quasi-judicial decisions by local government bodies.  The plaintiff alleged that the approval of the specific use permit did not improve the welfare of its property, which was one of the Thornton code’s criteria for the issuance of a specific use permit.  The district court affirmed the city’s decision but denied the defendant’s motion to require the plaintiff to post security in an amount that would cover the defendant’s losses incurred as a result of litigation-related delays.  Continue Reading Colorado Court of Appeals: Court Should Defer to City Council’s Code Interpretations, But No Bond for Rule 106 Defendants

We’ll start in Boulder and with commercial development. In February, the Boulder City Council directed city staff to draft an ordinance that would raise the city’s affordable housing linkage fee on new commercial development from $12 per square foot to $25, $30, or $35 per square foot.  Boulder’s current $12 linkage fee is the highest such fee of any city in the country between the two coasts, with Palo Alto the highest in the country at $35.  Even so, City Council members expressed that the current fee is still low enough vis-a-vis fees on residential development to incentivize commercial development over residential development. And more commercial development without new housing only exacerbates the city’s acute jobs-housing disequilibrium.  Continue Reading Boulder County Municipalities Look to Double Affordable Housing Linkage Fees

Welcome to the first installation of City Prism.  Law is what we do and a part of who we are, but our lives are fully immersed in the people, places and perspectives that create Denver’s identity.  Deeply entwined with our legal practice is our love of place.  This is our opportunity to share our personal insights.

The Golden Triangle neighborhood has officially welcomed a long-anticipated resident–the Kirkland Museum of Fine & Decorative Art.  With a sleek $22 million building that seamlessly integrates a century-old studio (the relocation process being its own story), the newly reopened museum now has the capacity to exhibit about 6,000 art objects (still only 1/5 of the entire collection).  The gallery rooms are similar to visiting the home of an eccentric and extremely rich aunt, with paintings hanging over the furniture from the same time period.  It would be downright impossible to focus on every single object.  Better to focus on the objects that capture your imagination–whether it is the intricate china sets, funky lamps, or highly impractical chairs–and ruminate on what you would pick out for your own living room. Continue Reading City Prism: Kirkland Museum of Fine & Decorative Art Reopens in Golden Triangle

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?