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Last month I wrote about how Boulder was weighing an ordinance that would raise the city’s affordable housing linkage fee on new commercial development from $12 per square foot–a fee just 16 months old and the second highest in the country–to $25, $30, or $35 per square foot. Last week, by a 6-3 vote, city council voted to raise that fee to $30. The $30 fee falls short of the country’s highest, Palo Alto’s $35. But because of the difference in the price of land in Boulder versus Palo Alto, on a percentage basis, Boulder’s new $30 fee will be much greater than Palo Alto’s fee.

Importantly, the city council also approved a “tiered system” for the fee. For example, developers of office space will pay the full $30 per square foot, while hospital space and warehouse space will pay $20 and $10 per square foot, respectively.

Only time will tell whether the new $30 fee will accomplish the city’s goal to spur residential development over commercial development without detriment to the city’s affordable housing fund.

The vote will be made official on May 1.

Tuesday evening the Boulder City Council unanimously approved the $9.5 million purchase of the 615-acre parcel located at 4536 N. 95th St. (pictured below) to add to the city’s 45,000-acre open space network.  The parcel is the fourth most expensive open-space parcel purchased by the city, will be one of the largest, and will become the easternmost piece of the city’s open-space network.  Because of its 1.5 miles of Boulder Creek frontage, eight ponds, mountain views, and abundant wildlife, the city believes the parcel has tremendous potential for recreational and agricultural purposes.  The city will spend approximately 18 months evaluating the parcel after acquiring it before opening it to visitors.

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Virtually all of Boulder County’s local governments have their own, individual plans to reverse the diminishing supply of affordable housing in their respective communities.  But these local governments are now weighing a new approach: collaborating and coordinating with one another in a way that, if successful, would supply more affordable housing to the county than the total that will be provided if each of them continues acting independently. Continue Reading Boulder County Cities and Towns Considering Coordinated Regional Approach to Affordable Housing

In an effort to encourage licensing, Denver has streamlined its website and placed advertisements on popular social media networks.
In an effort to encourage licensing, Denver has streamlined its website and placed advertisements on popular social media networks.

Enforcement of Denver’s short-term rental regulations, which were passed in the summer of 2016, started January 1, 2017.  However, not all hosts seem to have gotten the message, with only about 18 percent of Denver properties on Airbnb including their license numbers in the listing—a requirement under the new regulations.  Continue Reading Hosts of Short-Term Rentals Slow to Obtain Licenses, Face Hefty Fines

In a recent decision, the Colorado Court of Appeals upheld a Nebraska choice of law provision found in a promissory note.   The dispute centered around which state’s statute of limitations should apply to a collection action on the promissory note.  Colorado’s statute of limitations for actions to collect on a promissory note is six years; Nebraska’s is only five years.  Because the plaintiff filed the lawsuit approximately five and a half years after the borrower had defaulted, the resolution of the choice of law issue would decide the case. Continue Reading Enforceability of Choice of Law Provisions