Council Approves TDM Ordinance
By Robert Davis
The Land Use, Transportation & Infrastructure (LUIT) Committee approved an ordinance on March 30 that requires developers to provide transportation options to residents in new buildings.
Known as Transportation Demand Management (TDM), the ordinance is designed to “shift the how, when, and where of people’s travel to increase system efficiency, reduce single-occupancy vehicle (SOV) trips, improve regional air quality, and achieve citywide mobility goals,” according to Denver’s Department of Transportation and Infrastructure (DOTI).
Under the ordinance, developers are required to provide TDM-supported infrastructure for certain mixed-use, multifamily, and commercial/industrial properties. This infrastructure includes, but is not limited to, protected bicycle parking, showers and lockers for bike commuters, subsidized or free transit passes, and credits for shared bikes or scooters, according to the ordinance request.
Residential properties with less than 25 dwelling units are exempt from TDM regulation, according to the draft regulations. Tier 1 properties include buildings with between 25 and 49 residential units or commercial and industrial properties that are at least 25,000 sq. ft. Tier 2 properties include buildings with 50 or more residential units or other building types of at least 50,000 sq. ft.
Developers who wish to build a Tier 1 or 2 property must submit a TDM plan alongside their building application, according to the draft regulations. Any plans that are submitted without such a plan will not be granted a building permit. This requirement includes plans subject to Denver’s Large Development Review (LDR).
Both DOTI and Community Planning and Development (CPD) share enforcement authority under the plan. Some examples include providing tiered requirements for different building types and monitoring the SOV goal rates that must be achieved.
One of the draft regulations requires developers to submit annual reports verifying their building offers TDM-supported infrastructure, tenant usage of TDM options, and parking utilization on-site.
The ordinance is expected to help Denver reach the transportation goals outlined in the Mayor’s Mobility Action Plan and Comprehensive Plan 2040. These include decreasing SOV trips to 50% while increasing walking, biking, and transit use to 15% each. According to DOTI figures, Denver’s SOV use currently stands at 73%.
Several cities around the country have similar ordinances in place, including Seattle, Cambridge, MD, and San Francisco.
Where Denver’s plan differs from other cities is that the City’s TDM guidelines also apply to affordable housing developments. Zack Gambetti-Mendez, an associate city planner with DOTI, said this will make sure multi-modal transportation is available for all Denver residents.
The ordinance request says that members of Denver’s development community have expressed concern with the legislation. The Denver VOICE reached out to several developers but did not receive any comments.
Other developers have said the plan is one way for the city to address its parking challenges. Justin Schor and Brian J. Horan with Wells + Associates argued in a blog post that the plan offers developers a “tenant retention tool.”
“TDM solutions help developers sell their properties and lease them up faster. Furthermore, their tenants also express how much they appreciate these transportation amenities that come with TDM solutions,” the duo wrote.
Meanwhile, some councilmembers expressed concern that the plan’s “Tier 0,” which includes single-family homes and small commercial spaces, leaves out many properties where TDM regulations could benefit a surrounding community.
Gambetti-Mendez said the idea behind Tier 0 is to give CPD and DOTI some flexibility as the agencies calibrate the program during the first couple of years.
Councilwoman Candi CdeBaca (District 9) said there are areas of town where this plan could provide an immediate benefit. One example includes the area surrounding the RTD station at 41st Avenue and Fox Street. The area is light industrial, with a healthy mix of both commercial and residential properties.
“I’m concerned that our Tier 0 will eliminate a lot of buildings in places where we need to have a TDM plan,” CdeBaca said.
The Denver City Council will vote on the ordinance in April.