Public outreach and review for the Zoning Code Update is underway.  The Zoning Code Update seeks to do two things:
a) Adopt an entirely new form-based and context-sensitive zoning code
b) Rezone the entire City under the new Code
(except for PUD zone districts and zone district with waivers and conditions)

Denver City Council plans to vote on the new zoning code and new zoning maps toward the end of this year or in early 2010.  

Below are some potential Pros and Cons for the code update:

Pros:

• "Areas of Change," as defined within Blueprint Denver (primarily commercial, mixed-use and industrial areas) will experience an "upzoning" for the most part—meaning more density and broader allowable uses
• The new code will provide more flexibility and allowances when it comes to "use," so long as the scale and "form" of the building is appropriate
• Commercial areas that are currently "under-zoned" or not properly zoned to allow for change and redevelopment will receive a (free) legislative rezoning, entitling a large amount of land in the City for development
• The Zoning Code Update seeks to resolve many of the non-conforming use scenarios that exist and currently limit many properties for improving or redeveloping

Cons:

• While some areas of the City—primarily Areas of Change—will likely experience "upzoning" (more density/uses), some areas of the city—primarily Areas of Stability—will likely experience some reduction in density/uses
• Some areas of the city that are underdeveloped and zoned R-4 or R-3 may see a significant loss in allowable height
• In the downtown context, there is the potential that above grade/non-wrapped (activated) parking will be included in the FAR/density calculation
• In certain contexts, there is the potential for more building regulation in terms of form, based on the existing context
• Issues such as "design review" need to be monitored closely

Get Involved

The time to get involved is now.  Once the new Code is implemented the appeals process is very limited, therefore your timely input is critical. City Council and the City Planning Department are open and responsive to input from property owners and associations like DMCAR.

The following City Council District Workshops have been created for presentation of new zoning code maps and to collect public input. Commercial brokers are most welcome to attend.

• Tuesday, June 16 – Council District 1 – Scheitler Recreation Center, 5031 W. 46th Ave.
• Wednesday, June 17 – Council District 7 – University of Denver / DU Driscoll Student Center North, Governor's Ballroom, 2055 E. Evans Ave.
• Tuesday, June 23 – Council District 5 – Temple Emanuel, 51 Grape St.
• Wednesday, June 24 – Council District 8 – Blair Caldwell Library, 2401 Welton St.
• Thursday, June 25 – Council District 4 – Temple Sinai, 3509 S. Glencoe St.
• Tuesday, June 30 – Council District 10 – National Jewish, Molly Blank Conference Center, 1400 Jackson St.
• Tuesday, July 7 – Council District 3 – Barnum Recreation Center, 360 Hooker St.
• Wednesday, July 8 – Council District 11 – District 2 Police Station, 3921 Holly St.
• Thursday, July 9 – Council District 6 – Site To Be Determined.
• Tuesday, July 14 – Council District 3 – Southwest Improvement Council, 1000 S. Lowell.
• Wednesday, July 15 – Council District 9 – Asbury Event Center, 3011 Vallejo.
• Thursday, July 15 – Council District 11 – Montbello Recreation Center, 15555 E. 53rd Ave.

(All meetings are from 6:00-9:00 p.m.)

Verify each meeting a few days in advance at www.newcodedenver.org/meetings.

To take a look at the draft new zoning code, go to: www.newcodedenver.org.

If you have any questions, please contact your DMCAR Zoning Code Update representative at 303-570-3096.

In light of a recent federal district court ruling against a brokerage's administrative fee as a RESPA violation, brokers should take precautions in how they characterize their compensation, NAR General Counsel Laurie Janik says in a memo on the court's decision. Section 8(b) of the Real Estate Settlement Procedures Act (RESPA) prohibits charging a fee that's not tied specifically to a service. As interpreted by the court decision, an administrative fee to help offset operating and other costs is unearned because it connects to no specific service. NAR's position is that this misconstrues the RESPA provision and the association has asked HUD for clarification, but that clarification is still pending. Janik says the ruling is likely to be appealed once other proceedings in the case are completed. In the meantime, brokers should clearly indicate that any flat fee in addition to a percentage-based commission they charge represents payment for services provided by the brokerage. These combined amounts should be disclosed in the 700 section of the HUD-1 as the broker's compensation. NAR regulatory staff are also preparing an analysis of the court decision.

The scope of this Committee shall be to:

• Examine commercial property taxes (to include metro district mill levies, reappraisal process, business personal property taxes, Gallagher Amendment, Douglas County's mill levy)
• Examine planning processes, and development fee levels (to include the information currently being developed by Community Planning and Sustainable Development staff)
• Solicit other input and recommendations from the Committee that might identify where Douglas County could affect change to ensure a strong and sustainable local economy
• Recommend policy positions to the Board of County Commissioners that would affect change to ensure quality jobs for Douglas County citizens

The Committee is scheduled to complete this task within four to six months, or no later than October 15, 2009.

Committee members will be selected representing the following categories or organizations:

• Small business
• Large business
• Real estate industry
• Retail industry
• Health care industry
• Construction industry
• Professionals

For more information please contact Meme Martin, Economic Development Manager, 303.660.7449 or mmartin@douglas.co.us