In our December 2022 Otten Johnson Alert, we reported that the City of Denver planned to evaluate buildings in the downtown area that might be suitable for converting potentially underused office space to much needed residential space. The City recently completed its study, identifying a total of twenty-two buildings that it considered good
As we originally reported in our June 2022 Otten Johnson Alert, in June of 2022 Denver’s City Council passed a number of amendments to the municipal and zoning codes in an effort to expand affordable housing in the City. Denver’s Expanded Housing Affordability policy (the “EHA Policy”) included a period of time under which existing development projects could continue through the approval process under the prior regulations. On May 22, 2023, Denver’s City Council passed two bills extending certain approval process deadlines. While the concept plan submission deadline remains unchanged (June 30, 2022), the site development plan (“SDP”) approval process dates for projects to be evaluated under the prior regulations have been adjusted as follows:Continue Reading Denver’s City Council Extends Deadline Requirements for Developers While New Denver Mayor Pledges to Push for Affordable Housing
In October of 2022, the Colorado Court of Appeals, Division VII rendered an opinion in MLS Properties LLC v. Weld County Board of Equalization. While this case is the first to reach the Colorado Court of Appeals, there were, at the time, twelve similar claims pending throughout Colorado. In these cases, the most notable issue was how to interpret C.R.S. 39-1-104(11)(b)(I), which allows a taxpayer to have their property revalued by the county assessor to account for “unusual conditions” (the “Unusual Conditions Statute”).Continue Reading Property Taxes and Unusual Conditions
In November 2022, Denver City Council passed the “Energize Denver” ordinance, which established a phased rollout of restrictions on the installation and replacement of natural gas appliances in commercial buildings and multi-family housing structures in favor of electric alternatives. The ordinance does not require building owners to replace any existing functional gas appliances, but owners and developers will need to pay close attention to additional electrification requirements in the Denver building code as they take effect over the next 5 years. Below is a brief overview of when and how some of these restrictions will apply to current buildings and future construction. Click here for the full language of the ordinance.Continue Reading Navigating Denver’s Natural Gas Restrictions
This week, the Denver City Council unanimously approved the rezoning of the entire Chaffee Park neighborhood to allow accessory dwelling units within the neighborhood. The approval will provide additional housing options in Denver and likely paves the way for similar rezonings.