Ballot Box Rezoning Coming to Denver?

A proposed ballot initiative by two local land use reform advocates could substantially reshape the zoning landscape of Colorado’s largest city—part of a wider shift of voters clawing back zoning control from elected leaders.

As noted in a previous Brownstein alert—and as seen this week in Greeley with the vote on ballot measure 1A, which seeks to repeal the planned unit development (PUD) zoning for projects in west Greeley known as Cascadia and Catalyst—“ballot box zoning” continues to shape certain Colorado land use policy. The City and County of Denver may be next.

The proposed initiative is currently still in development. If passed, the measure would automatically upzone parcels located near public transit and parks, enabling a broader range of multifamily residential and mixed‑use development (without requiring developers and property owners to seek site‑specific rezoning approvals pursuant to the public process set forth in the Denver Zoning Code).

Although not yet qualified for the ballot, the proposal represents one of the most sweeping zoning reform efforts contemplated in Denver in years. If approved by voters, the measure could have a meaningful impact on property values, development feasibility, entitlement strategy and transaction underwriting across a wide range of Denver neighborhoods. Property owners, developers, investors and lenders should consider evaluating how the measure, if successful, would affect both existing holdings and future acquisitions.

The initiative was drafted and proposed by David Pardo and Robert Greer, each of whom sit on the board of YIMBY Denver, a land use reform nonprofit started in early 2017. As of early February, the current iteration of the proposal has been submitted to Denver city staff for review—a preliminary step intended to identify technical conflicts or unintended consequences before formal signature-gathering begins. As such, the parcels to be upzoned and specific language may change before it reaches voters.

In order to qualify for the November 2026 ballot, Pardo and Greer will need to collect approximately 10,000 valid signatures by June, unless Denver City Council elects to refer the measure to the ballot directly. The measure will pass with approval by a simple majority of eligible voters.

What the Measure Would Do

Automatic, Citywide Upzoning: If adopted, the initiative would automatically rezone qualifying parcels based on the parcels’ proximity to public transit and parks. Thus, the measure would expand what may be built on those parcels and how they may be used; it would not mandate a new land use or new development—existing land uses can continue. The practical effect would be to eliminate the need for many site‑specific rezoning applications for developers and property owners seeking to develop the parcels subject to the rezoning across the City and County of Denver.

Proposed Zoning Details: While the final language may evolve as the proponents engage with Denver city staff, the current draft of the measure contemplates three general tiers of upzoning:

• Three‑story zoning (MU‑[3]): Applied to parcels within 250 feet of medium‑frequency bus stops and community parks, within 750 feet of bus rapid transit lines or regional parks and within 1,500 feet of rail transit stations.
  
  
• Five‑story zoning (RX‑[5]): Applied to parcels within 250 feet of bus rapid transit lines or regional parks or within 1,000 feet of rail transit stations.
  
  
• Eight‑story zoning (MX‑8): Applied to parcels that do not meet the above qualifications but are within 500 feet of a rail transit station.

For example, for the second category of properties proposed to be upzoned, this initiative would rezone numerous properties surrounding City Park from low-density, single-unit zone districts to RX-5 zone districts, allowing for development up to five stories. Likewise, many rail transit stations in low-density residential areas, such as Louisiana/Pearl, Southmoor and Perry Stations, could see development up to eight stories in close proximity with a change to MX-8 zoning.

Certain properties are currently proposed to be excluded, including land zoned for industrial or recreational use, Denver International Airport and educational campuses. Existing zoning that already allows greater density would remain in place.

Practical Implications for Real Estate Stakeholders

In support of the proposed initiative, proponents cite polling suggesting broad voter support for increased housing density near transit and parks. However, the scale of the proposed rezoning, combined with neighborhood‑specific concerns about traffic, parking and neighborhood character could introduce challenges.

Property Owners: For owners of under‑improved or single‑family properties near transit and parks, the initiative could significantly increase development optionality, and, in some cases, land value. Owners with no intention to redevelop their land will likely see increased land values, potential property tax increases, changes in neighborhood context and market dynamics.

At the same time, the initiative does not override all systemic constraints. Overlay districts, landmark preservation rules and other development standards would continue to apply, meaning that the upzoning will not translate into uniform development outcomes across subject parcels.

Developers: For developers, the most immediate impact would be the potential reduction in entitlement risk and timeline uncertainty. By eliminating the need for many rezonings, the initiative could:

• shorten predevelopment schedules;
• reduce political risk for projects associated with Denver City Council approvals; and
• improve feasibility for “missing middle” and mid‑scale multifamily and mixed-use projects

However, project‑specific analyses will remain essential.

Investors and Lenders: Investors and lenders should anticipate potential repricing of real property assets, particularly near rail stations and major parks. Underwriting assumptions may need to account for both the upside of expanded development rights and the uncertainty inherent in a voter‑approved zoning change that could face legal and political challenges.

If the measure passes, it may have a significant impact on the Denver real estate and development landscape. Denver residents’ appetite for the proposed initiative will be evident by this summer if proponents seek to qualify and are able to qualify for the November 2026 ballot.

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This document is intended to provide you with general information regarding a rezoning ballot initiative in Denver. The contents of this document are not intended to provide specific legal advice. If you have any questions about the contents of this document or if you need legal advice as to an issue, please contact the attorneys listed or your regular Brownstein Hyatt Farber Schreck, LLP attorney. This communication may be considered advertising in some jurisdictions. The information in this article is accurate as of the publication date. Because the law in this area is changing rapidly, and insights are not automatically updated, continued accuracy cannot be guaranteed.