Sec. 27-229. - High impact developments.
(a) Owners or developers of a high impact development must submit to HOST a high impact development compliance plan that demonstrates how it will satisfy the intent and purposes of division 2 of this article and Chapter 27, Article V, Division 2.
(1) The high impact development compliance plan shall demonstrate how the proposed development meets or exceeds the relevant standards set forth in this article; Chapter 27, Article V, Division 2; and the goals of the HOST strategic plan, comprehensive plan goals, and any small area plan applicable to the area of high impact development.
(2) The owner or developer must provide to HOST documentation detailing outreach to the surrounding community, including, but not limited to, the organizations and individuals engaged, and how the proposed high impact development compliance plan is responsive to the conducted community outreach.
(3) The high impact development compliance plan may include a combination of one or more of, but not be limited to, the following:
a. A plan to provide IRUs within the area of high impact development sufficient to meet or exceed one of the compliance options set forth in section 27-224(c).
b. The dedication of land within the area of the high impact development for the provision of affordable housing. In any such case, at a minimum, the land dedicated must be of sufficient size and have zoning entitlement in place to reasonably produce IRUs sufficient to meet the compliance requirements set forth in section 27-224(c).
c. A plan to provide IRUs within the area of high impact development at a greater depth of affordability than the compliance requirements set forth in section 27-224(c). In any such case, at a minimum, the total percent of IRUs provided in the high impact area shall not be less than eight (8) percent of total dwelling units and the majority of IRUs must serve households earning fifty (50) percent of area median income or less.
d. A plan to provide IRUs within the area of high impact development specifically designed to meet the needs of families and larger households. In any such case, at a minimum, the total percent of IRUs provided in the high impact development area shall not be less than eight (8) percent of total dwelling units and the majority of IRUs must include two (2), three (3), or four (4) bedrooms. The development must also contain family-friendly services and amenities. Amenities may include, but are not limited to, child-care; play area; community garden; and other on-site amenities to serve families.
(4) The director may grant access to the base incentives for on-site compliance set forth in section 27-224(b)(1) when the project is providing IRUs within the area of high impact development.
(5) The director may grant access to the enhanced incentives for on-site compliance set forth in section 27-224(c)(1) if the high impact development compliance plan proportionally meets or exceeds the on-site IRU requirements set forth in section 27-224(c). Alternatively, the director may grant access to the enhanced incentives for on-site compliance set forth in section 27-224(c)(1) when the project is providing IRUs within the area of high impact development, the high impact development compliance plan better supports the goals of the HOST strategic plan, comprehensive plan goals, and any small area plan applicable to the residential development compared to the enhanced on-site compliance requirements of section 27-224(c)(1), and the applicant provides at least one of the following:
a. A greater percentage of IRUs than would otherwise be required for enhanced on-site compliance based on the residential development's market area and compliance option, with the maximum AMI for eligible households detailed in the high impact development compliance plan; or
b. A maximum AMI for eligible households that is lower than would otherwise be required for enhanced on-site compliance based on the residential development's market area with the percentage of IRUs detailed in the high impact development compliance plan; or
c. IRUs with a greater number of bedrooms than is otherwise required in section 27-224(f)(2).
(b) The director may waive the application of this division if the applicant requests such a waiver and demonstrates that circumstances unique to the proposed development limit or eliminate the practical application of this division. In such a case, the high impact development would instead be subject to the requirements of Division 2 of this article and Chapter 27, Article V, Division 2, as applicable.
(c) The director shall review the high impact compliance plan and approve, approve with conditions, or reject the high impact development compliance plan. The director shall collaborate with the Denver Urban Renewal Authority when reviewing the compliance plan for a high impact development leveraging tax increment financing. The approved high impact development compliance plan shall result in an agreement to be signed by the owner or owners of the entire subject property, or the authorized agent of the owner or owners in advance of city council approval of city financing tools, if applicable, and shall be recorded with the clerk and recorder of the City and County of Denver.
(d) For all high impact development compliance plans required under this section, no building permits shall be approved or issued for any structure within a high impact development area until the high impact development compliance plan is approved, executed, and recorded.
(Ord. No. 426-22, § 2, 6-6-22; Ord. No. 1154-24, § 5, 9-30-24)