Alternative compliance—Negotiated alternatives.
Denver Revised Municipal Code § 27-226
in effectSec. 27-226. - Alternative compliance—Negotiated alternatives.
(a) An applicant may propose an alternative manner to satisfy its requirements under this division. The proposed negotiated alternative must be submitted in conjunction with the formal site development plan or, if no site development plan is required, at time of the applicable permit application. The applicant shall demonstrate how the proposed negotiated alternative provides outcomes that better support the goals of the HOST strategic plan, comprehensive plan goals, and any small area plan applicable to the residential development. The director, in consultation with the director of the department of community planning and development, shall review the proposed negotiated alternative and approve, approve with conditions, or reject the negotiated alternative. Each negotiated alternative shall contain information as set forth below and in any rules and regulations adopted pursuant to this article, a statement that the terms of the negotiated alternative will bind the applicant and will run with the land upon approval of the director and recording with the clerk and recorder of the City and County of Denver.
(b) A negotiated alternative may include a combination of one or more of, but not be limited to, the following:
(1) The dedication of land for the provision of affordable housing. At a minimum, the market value of the land to be dedicated must exceed the total fee-in-lieu required for the residential development and must have zoning entitlement in place to enable for the provision of affordable housing.
(2) An affordable housing plan to provide fewer IRUs on-site but at a greater depth of affordability. In any such negotiated alternative, at a minimum, the total percent of IRUs shall not be less than five percent (5%) of total dwelling units and the majority of IRUs must serve households earning fifty (50) percent of area median income or less.
(3) An affordable housing plan that would provide fewer IRUs on-site but the IRUs would have a greater number of bedrooms than would otherwise be required. In any such negotiated alternative, at a minimum, the total percent of IRUs shall not be less than five (5) percent of total dwelling units and the majority of IRUs must be two (2), three (3), or four (4) bedroom units. 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) An agreement to provide off-site IRUs concurrently with the construction of the residential development within the same statistical neighborhood or a ¼-mile radius of the site. In any such negotiated alternative, the total percent of IRUs that must be provided for the residential development accessing this option shall not be less than the enhanced on-site compliance standards requirements for both properties set forth in the section 27-224(c).
(c) An applicant is eligible for the base incentives for on-site compliance set forth in section 27-224(b)(1) when the residential development is providing IRUs on-site.
(d) The director may grant access to the enhanced incentives for on-site compliance set forth in section 27-224(c)(1)when the residential development is providing IRUs on-site. The negotiated alternative 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:
(1) 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 negotiated alternative; or
(2) 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 negotiated alternative; or
(3) IRUs with a greater number of bedrooms than is otherwise required in section 27-224(f)(2).
(e) The provisions of section 27-224(e) and (f) are applicable to any IRUs that are provided on-site of the residential development.
(Ord. No. 426-22, § 2, 6-6-22; Ord. No. 1154-24, § 4, 9-30-24)
Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH27HO_ARTXMAAFHO_DIV2MAAFHOREDE_S27-226ALCOEGALFetched: 10/27/2026