Public Land Dedication (PLD) Ordinance

Project Summary

The purpose of this proposed ordinance is to amend the Broomfield Municipal Code to update and expand the public land dedication (PLD) regulations.

PLD regulations are a critical component of new residential development to ensure growing neighborhoods contribute proportionally to the community's parks, open space, trails, and recreational infrastructure. The PLD regulations ensure that new developments help meet this increased demand. Developers must satisfy PLD requirements through either land dedication, cash-in-lieu fees, or a combination of land and cash-in-lieu.

The most recent version of the OSPRT Plan was adopted by City Council in February 2024, and included further refined PLD policies and recommended proposed municipal code changes, which are incorporated into the draft ordinance included as an attachment to this study session memorandum.

The 2024 OSPRT Plan included two chapters related to recommended municipal code changes:

• Chapter 7 related to Title 17 of the municipal code and recommended updates to the review standards for Planned Unit Development Plans and Site Development Plans to expand upon PLD elements; and

• Chapter 8 related to codifying the 2024 OSPRT updates to the public land dedication process to account for flexibility to balance PLD and inclusionary housing requirements in Title 16 of the municipal code.

The 2024 OSPRT Plan outlined reasons to modify the existing PLD requirements, including:

• Challenges with multi-family projects providing the on-site public land dedication, particularly on smaller sites

• Community desire to address a variety of community goals such as Income Aligned Housing and Sustainability in private residential development projects

• Desire to achieve equitable access to location of Open Space and Park lands for all residents throughout the community

• Desire to encourage actual land dedication instead of cash-in-lieu

• Developer/Housing/Business Focus Group Feedback indicated a desire to make the requirements more achievable for higher density development

• Community Engagement results indicate that more Open Space and Park lands are desirable

Ordinance Details and Staff Analysis

Broomfield’s current PLD regulations were adopted in 1987 and are set forth within Title 16 of the Broomfield Municipal Code regarding Subdivisions. Amendments were subsequently adopted for various sections in 1988, 1991 and 1995. The current regulations apply to new residential development and the code language uses a residential project’s density to determine the required public land dedication for that development. Broomfield moved away from this density-based calculation approximately two decades ago and instead has used a population-based calculation.

In 2005, following a two and one-half year community planning effort, City Council adopted the Open Space, Parks, Recreation and Trails (OSPRT) Master Plan. The Plan was also adopted by reference into the 2005 Broomfield Comprehensive Plan. The 2005 OSPRT Master Plan was again referenced in the 2016 Broomfield Comprehensive Plan, and was the guiding policy document related to open space, parks, recreation and trails until 2024 when the newest OSPRT Plan was adopted by council.

The new OSPRT Plan and Appendices were adopted by City Council in February 2024 and are designed as a 20-year policy document intended to serve as an updated road map for Broomfield staff, elected officials, advisory committees, and the community to guide decisions about open space, parks, recreation, and trails. The goal of the OSPRT Plan is to ensure that Broomfield’s vision of the community is carried forward into the future and to promote a strong sense of unity, pride, and identity. This includes the continued objective of Broomfield achieving a total of 40% of Broomfield’s Planning Area as open lands.

Current PLD Requirements

Municipal Code Requirements for Public Land Dedication

Currently, the Broomfield Municipal Code establishes the following public land dedication requirements:

1. Except for land which is zoned for business, industrial, or commercial uses, the amount of land established by this section shall be dedicated as public land for public recreation and open space, location of public facilities, and other public uses as authorized by city council.

2. The following percentage of land zoned for residential uses shall be dedicated at the time of platting:
   
   Gross density (i.e., total number of units divided by total area being subdivided) x 2 + 5 = percent of land to be dedicated.
   
   (Example: 5 units per acre (i.e., 200 units: 40 acres) x 2 + 5 = 15 percent of 40 acres, or 6 acres to be dedicated.)

3. In addition to the above, drainage channels as shown in the city's master plan shall be dedicated.

4. Dedication of land for the following purposes shall only be counted to the limited extent specified:

   1. Detention ponds and drainage channels: 50% of the area dedicated;

   2. Lakes, ponds, and reservoirs: 25% of the area dedicated; and

   3. School sites: 50% of the area dedicated, not to exceed five acres per school.

This code language was initially approved in 1987 and last amended in 1988. This has evolved with the 2005 and 2025 OSPRT Plans’ recommendation. Although the recommendations of the OSPRT Plans were not formally adopted in the Municipal Code, the recommended PLD formula from the OSPRT Plans has been utilized for evaluating new residential developments to ensure consistency with the Comprehensive Plan, which adopted the OSPRT Plan by reference. The difference between the code and the OSPRT Plan has often led to confusion and makes enforcing the OSPRT recommendations more challenging, as the comprehensive master plan is an advisory document not a regulatory document.

OSPRT Plan Recommendations

The PLD formula utilized currently for new residential development as found in the OSPRT Plan requires 24 acres of land per 1,000 residents. This 24 acres is divided into 16 acres of Park Land and 8 acres of Open Space. The split between open space and park land is not strictly applied to residential development proposals. Instead, the character of the land and OSPRT needs within the project guide what uses will be provided on the PLD land.

The number of residents generated by residential projects is calculated using ratios for different housing types. The current population generation ratios are 2.93 residents per single unit detached and duplex units, 2.50 residents per townhome unit, and 1.91 residents per apartment and condominium unit. There is also typically a reduced ratio of 1.75 residents per single unit detached and duplex unit for age-restricted communities as well.

Typically, residential developers are required to dedicate 25% of the residential site area that is generating the need for public Park and Open Space with the balance of the PLD obligation being met by Cash-in-Lieu (CIL), additional land in the project, or both CIL and land.

Example in Practice:

• A project generates 387 residents on a 10-acre property, which results in a total PLD obligation of 9.29 acres.

• The developer must provide a minimum of 25% of the 10 acres of the land for on-site dedication - totaling 2.5 acres.

• The remaining 6.79 acres of PLD obligation (9.29 - 2.50 acres) could be met by additional land dedication, a CIL payment (currently $86,000 per acre), or a combination of additional land and CIL.

Originally, the CIL rate was calculated based on the average cost per acre of previous Broomfield Open Space acquisitions ranging over a time period of 5 to 7 years. Recently, staff has started using the data provided by the Assessor’s Department to determine an average value per acre for vacant land for parcels generally greater than 20 acres both within Broomfield and in the local region. The intent is to ensure that the CIL price per acre reflects more accurately the current cost of land in Broomfield and the region. The average value per acre will be evaluated every 2 years when the Assessors Office certifies land values. If the value changes during the 2-year period the CIL price per acre would be revised to reflect the most current values.

In some instances, developers have not been able to provide the minimum 25% on-site dedication. Most often this occurs at small, in-fill development sites. If the minimum 25% on-site dedication is not met with actual land dedication, then the unmet balance is typically addressed by cash in lieu based on the market value of the land within the proposed residential project and is applied up to the minimum 25% on-site requirement. Broomfield staff currently reviews proposed residential developments using the above (PLD) guidelines. However, these provisions are not codified.

The 2024 OSPRT Plan included recommendations for modifying the PLD policies and codifying them in the municipal code. Staff has provided a draft ordinance as an attachment to this study session memorandum for Council’s review. The proposed ordinance incorporates the policy recommendations as new code requirements. Key changes are highlighted below with the bulk of the discussion focusing on the proposed PLD changes in Title 16 of the Broomfield Municipal Code (B.M.C.) and clean-up items in Title 17 of the B.M.C.

Proposed Code Changes To Title 16 B.M.C. Related To PLD

The proposed ordinance would make modifications to the PLD regulations contained in the Broomfield Municipal Code aligned with the recommendations that were included in the 2024 OSPRT Plan adopted by Council in February 2024. The proposed ordinance will also reorganize the existing sections of the B.M.C. related to PLD to improve readability and organization. The proposed changes to Title 16 are summarized below and the comprehensive code changes are outlined in the draft ordinance attached to this memorandum.

Definitions

The proposed ordinance includes adding new definitions to Title 16 and Title 17 related to public land dedication and recreational facilities. These definitions are based upon the framework that was established in the 2024 OSPRT Plan and are intended to establish clarity in terminology typically used as part of the public land dedication process.

Administrative Cleanups and Clarifications

With the modification of the PLD process in the municipal code, there are a number of administrative clean up items proposed to ensure consistency with application of the code. These include:

• Specifying that projects that do not generate a full 1,000 new residents shall be based on the proportional share of public land dedication.

• Specifying the calculation methodology for public land dedication shall be calculated to the hundredths place. Rounding will be based on the thousandths place (.005 or higher rounds up, less than .005 rounds down). This allows for consistency in PLD across projects.
  
  
  

Example in Practice:

• A project generates 386.3 residents, this rounds up to 387 residents.

• 387 residents would result in a PLD obligation of 9.288 acres, which would round up to 9.29 acres of PLD.

• Specifying that PLD sites need to have amenities provided by the developer. Amenities may include shade structures, benches, playgrounds, trail connections, and signage, or other amenities as approved. Developers may request a waiver from required site amenities as part of a site development plan or urban renewal site plan, subject to approval by the Land Use Review Commission or City Council.

Proposed Modifications to Public Land Dedication Requirements

The OSPRT Plan proposed to establish methodologies for satisfying public land dedication obligations for residential projects based on the sales prices of the units contained within the development. These methodologies are proposed for the following categories:

1. 100% Market Rate Developments

2. 100% Income Aligned Developments at 60% of the Area Median Income (AMI) or below; and

3. Mixed Income Projects or 100% Income Aligned Developments above 60% of the AMI

Public Land Dedication for 100% Market Rate Residential Developments

The 2024 OSPRT Plan proposed to formally establish Broomfield’s current policy for public land dedication as the methodology for satisfying public land dedication for development projects consisting of all market rate units. This method maintains the 24 acres per 1,000 resident ratio for public land dedication, and also continues to require a minimum of 25% of the project site to be on-site public land dedication. Table 1 provides a full summary of this development type’s method for satisfying their PLD obligation.

Examples of satisfying the PLD obligation for a 100% market-rate housing project based on the proposed method detailed above are provided below. These examples in practice outline the scenarios of this hypothetical housing project both providing on-site PLD and not providing the required on-site PLD.

Examples in Practice:

Scenario 1: 300-unit apartment complex on a 10-acre property with the minimum on-site dedication provided.

• 300 apartment units x 1.91 persons per unit = 573 persons generated

• 24 acres of PLD x (573/1000) = 13.75 acre PLD obligation

• 25% minimum on-site dedication x 10 acres = 2.5 acres of on-site dedication

• Remaining balance of the obligation = 11.25 acres (13.75 acres - 2.5 acres)

• 11.25 acres x $86,000 (average value per acre) = $967,500

Summary of PLD Contribution: 2.5 acres of land dedicated and $967,500 in CIL

Scenario 2: 300-unit apartment complex on a 10-acre property with the minimum on-site dedication not provided.

• 300 apartment units x 1.91 persons per unit = 573 persons generated

• 24 acres of PLD x (573/1000) = 13.75 acre PLD obligation

• 25% minimum on-site dedication x 10 acres = 2.5 acres of on-site dedication

• On-site dedication not provided triggering the market rate CIL value for the resulting in an increased CIL payment: 2.5 acres x $108,900* = $272,250
  *Hypothetical market value for example purposes only.

• Remaining balance of the PLD obligation = 11.25 acres

• 11.25 acres x $86,000 (average value per acre) = $967,500

• Total CIL = $1,239,750

Summary of PLD Contribution: 0 acres of land dedicated and $1,239,750 in CIL ($272,250 market value and $967,500 in average value per acre).

Public Land Dedication for Residential Projects with Income Aligned Housing Units

During the OSPRT Plan update process, it was recognized that the historical approach to PLD didn’t incorporate flexibility to balance both community goals related to PLD and income-aligned housing. Residential developments with a portion of their units or all of their units meeting the inclusionary housing requirements in the Broomfield Municipal Code are advancing multiple community goals simultaneously.

However, developers have expressed that it is challenging to develop 100% income aligned housing projects at or below 60% of the area median income. Developers have also shared that it is challenging to incorporate income aligned residential units into mixed income projects while also meeting other requirements related to development in Broomfield, including the PLD requirements. This is reflected in recent requests from developers to modify PLD for new residential developments when income aligned units are able to be incorporated into the project (example: The Grove at Cottonwood).

To be responsive to these concerns, the OSPRT Plan included a proposal to reduce cash-in-lieu fees for residential projects with Income Aligned Housing Units. The intention behind the proposed PLD cash-in-lieu reductions is to incentivize developers to provide on-site income aligned units while still providing some amount of on-site park or open space.

With the recent change in the cash-in-lieu methodology for inclusionary housing ordinance (IHO) units the cost for paying the in-lieu fee is at a level that now incentivizes the construction of actual on-site units and staff has seen an uptick of on-site units in development proposals. With the proposed reduction in PLD cash-in-lieu, the goal is to further incentivize developers to provide on-site units.

While the methodology for determining a project’s overall public land dedication obligation remains 24 acres of PLD per 1,000 residents generated regardless of whether the units are market rate or income restricted, the proposed ordinance would decrease the required on-site PLD from 25% to 20% for sites 10 acres or greater in size and 15% for sites less than 10 acres.

Table 2 below summarizes the PLD methodology for residential projects that are 100% income aligned development with their units restricted to income levels of 60% of the AMI or less.

Examples of satisfying the PLD obligation for a 100% income aligned housing project meeting 60% AMI are provided below. These examples in practice outline the scenarios of this hypothetical housing project both providing on-site PLD and not providing the required on-site PLD. As a housing development that has 100% of the units meeting a 60% AMI is typically the most difficult to provide, the proposed incentives are the greatest to meet this community need.

Examples in Practice:

Scenario 1: 75-unit apartment on a 5-acre property, with the minimum on-site dedication provided

• 75 apartment units x 1.91 persons per unit = 144 persons generated (rounded up)

• 24 acres of PLD x (144/1000) = 3.46 acre minimum PLD obligation

• 15% minimum on-site dedication x 5 acres = 0.75 acres of on-site dedication

• Remaining balance totals 2.71 acres

• Remaining 2.71 acres of PLD is waived

Summary of PLD Contribution: 0.75 acre of land and $0 in CIL (due to waiving of CIL for 2.71 acres remaining)

Scenario 2: 75-unit apartment on a 5-acre property, with on-site dedication not provided

• 75 apartment units x 1.91 persons per unit = 144 persons generated (rounded up)

• 24 acres of PLD x (144/1000) = 3.46 acre minimum PLD obligation

• 15% minimum on-site requirement x 5 acres = 0.75 acres of on-site dedication required

• 0.75 acres of onsite dedication not provided

• 0.75 acres x $86,000 = $64,000 CIL payment

• Remaining 2.71 acres of PLD is waived

Summary of PLD Contribution: 0 acres of land dedicated and $64,000 in CIL (compensation for minimum on-site dedication obligation total of 0.75 acres and waiving of CIL for 2.71 acres remaining)

While residential projects consisting of 100% income aligned units at 60% of the AMI or lower are meeting what has been identified as a critical need for the community, developments with smaller proportions of attainable units and/or higher income levels are also desirable as the also increase housing availability and diversity for a wider range of residents. While the OSPRT plan and proposed ordinance includes full waivers of cash-in-lieu for residential developments meeting the 100% at 60% target in order to incentivize development for this critical need, the draft ordinance also provides various levels of cash-in-lieu reductions for mixed income projects as an incentive for additional income aligned units of various income levels.

Table 3 below summarizes the PLD methodology for residential projects that have mixed income units or are 100% income aligned units above 60% of the AMI.

Table 3 notes that projects that have a percentage of income aligned housing units, or that are 100% income aligned housing projects that are above 60% AMI and meet their on-site PLD obligation are potentially eligible for PLD cash-in-lieu reductions. Tables 4 and 5 below provide the proposed PLD cash-in-lieu reductions for residential developments. Table 4 outlines the proposed reductions for for-rent projects with various percentages of attainable units at different levels of affordability. Table 5 outlines the same reductions, but for for-sale projects.

Proposed Public Access Easements in lieu of Dedications

The OSPRT Plan also includes a proposed change in the approach to actual dedication and maintenance of land to meet the PLD obligation to alleviate the maintenance burden previously imposed on Broomfield’s Parks, Recreation and Senior Services Department when small tracts of land are dedicated to Broomfield.

The proposed ordinance includes provisions which aligns with the OSPRT Plan’s recommendation for proposed on-site dedications for parcels or tracts of land that are less than 3 acres. The proposal is to continue to have these parcels or tracts be eligible for credit as PLD. However, rather than the project providing an actual dedication of the land to Broomfield ownership, these parcels or tracts will require a permanent public access easement to be recorded as a separate instrument, outlining at minimum that the landowner (or their assignee) shall be responsible for the continued ownership and maintenance of the tract or parcel eligible for credit as PLD.

Proposed Changes to PLD Credit for Schools, Detention Ponds, Drainage Channels and other Water Bodies

The municipal code currently allows for public land dedication credit for detention ponds and drainage channels, lakes, ponds and reservoirs, and school sites that are dedicated as part of a residential project. The table below outlines the proposed changes to PLD credit.

Proposed Code Changes To Title 17 B.M.C. Related To PLD

The proposed amendments to Title 17 focus on cleaning up terminology and adding new review standards related to PLD to the Planned Unit Development (PUD) and Site Development Plan (SDP) regulations.

One key correction is in relation to a reference to a requirement for 40% open space in sections 17-38-120 and 17-38-220. This requirement is often confused with the goal for Broomfield to achieve 40% open lands as referenced in the OSPRT and Comprehensive Plans. However, this section is actually using an incorrect term of “open space” and instead should be referencing “open area” due to the term “open space” having a different meaning when this code section was originally drafted. Staff is proposing to update the terminology in this section to reference “open area”, which is the portion of a development site that is not occupied by paved parking surfaces or the building. It therefore includes sidewalks, stormwater areas, landscaped entrances, parking lot islands, foundation plantings around buildings, and other such private areas on a site. As Broomfield has moved toward slightly higher density developments, developers frequently request and have been granted variances to reduce open area requirements. In response, staff is suggesting that the open area requirement be reduced from 40% to 30%.

Additional terminology changes are proposed and new review standards are recommendations in the new OSPRT Plan adopted by Council in February 2024. These changes are summarized below:

• Adding new definitions to Title 17 for public recreation areas and facilities and private recreation areas and facilities.

• Adding the following new review standards for PUDs

  • The proposal should be consistent with the existing and future facilities and trails of the Open Space, Parks, Recreation, and Trails (OSPRT) Plan.

  • The proposal should be consistent with the Park Design Standards and Trail Design Standards of the OSPRT Plan.

  • The proposal should be consistent with the riparian corridor protection, tree preservation, native vegetation restoration, and wildlife protection guidelines of the OSPRT Plan and Chapter 17-71, B.M.C.

• Adding the following new review standards for SDP

  • The proposal should be consistent with the existing and future facilities and trails of the Open Space, Parks, Recreation, and Trails (OSPRT) Plan.

  • The proposal should be consistent with the Park Design Standards and Trail Design Standards of the OSPRT Plan.

  • The proposal should be consistent with the riparian corridor protection, tree preservation, native vegetation restoration, and wildlife protection guidelines of the OSPRT Plan and Chapter 17-71, B.M.C.

Public Engagement

The Broomfield Voice platform will allow for feedback on the proposed amendments to the Broomfield Municipal Code, and community engagement is encouraged. Comments received will be gathered and summarized to provide feedback as part of the public hearing process.

There will be an opportunity at the public hearing for the second reading of the proposed ordinance for additional public comments to be provided for City Council’s consideration.