Ordinance No. 2315 Related to Fast Track Processes for Eligible Proposition 123 Projects

Project Summary

The City and County of Broomfield Council is proposing a new ordinance that would amend the Broomfield Municipal Code to create a new chapter, Chapter 17-78, creating new fast track review processes for eligible affordable housing projects under the State of Colorado’s Proposition 123 (Prop 123) program.

Background

Prop 123 is a voter-approved program that directs a portion of existing Colorado state tax revenue, without raising new taxes, toward affordable housing investment statewide. Local governments that opt into the program and meet its requirements unlock eligibility for state funding for affordable housing projects within their jurisdiction, including funding that flows to non-profit and private developers building income-aligned housing in their community.

Participation in Prop 123 is voluntary. Broomfield has opted into Cycle 1 and 2 of the program. Cycle 2 begins on January 1, 2027, and requires local jurisdictions participating in Cycle 2 and beyond to establish a fast-track review process for eligible projects.

Eligible projects must have 50% or more of their dwelling units meet the following affordability criteria:

• Rental Units: Must serve households earning at or below 60% AMI.

• For-Sale Units: Must serve households earning at or below 120% AMI.

Municipal Code Amendment

The ordinance is included in the document library to allow for residents and interested developers to review the entire proposed code language, but is summarized below to provide the customized Broomfield approach to meeting this obligation.

Qualifying Projects: Applies to rental developments where at least 50% of units are affordable to households earning 60% Area Median Income (AMI), or for-sale developments where at least 50% of units are affordable to households earning 120% AMI. The AMI levels match Broomfield’s existing Inclusionary Housing Ordinance (IHO) established in Chapter 17-76 of the Broomfield Municipal Code.

90-Day Approval Clock: Requires Broomfield to issue a final decision (Approval, Conditional Approval, or Denial) within 90 calendar days after an application is deemed complete and sent to various Broomfield Departments and external agencies (like the Colorado Department of Transportation (CDOT), North Metro Fire District, Xcel Energy, etc.) for review.

Review Pathways:

• Administrative Fast Track: Handled directly by the Director of Community Development for zone districts that do not require public hearings. This is consistent with the current process of any development project with this type of zoning.

• Public Hearing Fast Track: Requires pre-application steps (neighborhood meeting and concept review) like all other projects requiring public hearings (these are pre-application steps and occur prior to the official 90-day clock beginning). The biggest difference between projects going through the fast track process and the standard Broomfield public hearing process is that only a single public hearing before City Council will be part of the fast-track process due to time limitations.

Extensions & Flexibility: The code allows for the developer to request a single extension up to 90 days for resolving comments for an approval agency; Broomfield has the opportunity to request 30-day short-term extensions for comment resolution (no limit on the number of extensions by the City and County but should be limited to be in line with the intent of the program). The applicant also has the opportunity to opt out of the program at any point prior to the issuance of a final decision by the City and County of Broomfield.

Post-Approval Steps: Following fast-track planning approvals, projects must still complete the required construction drawing, engineering permit, and building permit review processes within the applicable project timelines. Construction drawings and permits are subject to their own 90-day process under Prop 123, which will be modeled after the planning process established by this ordinance.

Public Engagement Summary

You can engage with this project using the Questions and Comments tabs below. This page will be open to feedback and questions until the date of the 2nd reading Public Hearing held by Council. Residents and interested parties can provide comments at any time using BroomfieldVoice or by emailing the planning division. Public comment will also be available during the 2nd reading and public hearing for this ordinance - the date for that meeting will be added to the Key Dates section of this page.

The project timeline on this page provides an overview of the next steps in the process as Broomfield considers the approval of this proposed ordinance.