Broomfield council adopts zoning and marijuana rules, backs TABOR court challenge and moves to amend Colorado voting-rights bill

The Broomfield City Council on April 8 approved several ordinances and policy positions, including a zoning change for property at 11961 Quay Street, a permanent prohibition on local marijuana cultivation and manufacturing, and an update to local marijuana licensing to permit nonmarijuana food sales. The council also voted to support a state joint resolution seeking a court review of the Taxpayer Bill of Rights (TABOR), took an "amend" position on Senate Bill 25‑01 (the Colorado Voting Rights Act) and approved a business incentive agreement for Restaurant Depot on first reading.

Councilmembers heard a legislative update from Director of Strategic Initiatives and Governmental Affairs Denae Brouillard, who said the legislative session was nearing its end and highlighted major items including the long bill and a number of policy bills. "We're about three‑fourths of the way through the session," Brouillard told the council as she summarized bills that could affect the city and county of Broomfield.

Why it matters: the votes change what businesses and development can occur locally, set the city’s posture on major state policy fights and direct staff on code changes that affect future development approvals. The council’s formal positions—especially supporting the TABOR review and seeking amendments to the voting‑rights bill—signal Broomfield’s priorities at the state level.

Key actions and votes

- Rezoning: The council approved Ordinance No. 2264 rezoning 11961 Quay Street from Commercial C‑1J to General Industrial I‑2 on second and final reading; the motion passed unanimously. Planning staff presented no changes since the March 25 public hearing.

- Marijuana code changes: On second reading the council adopted Ordinance No. 2266 to make permanent a prohibition on local marijuana cultivation and marijuana product manufacturing uses (the prior prohibition had been temporary and subject to a sunset). The council also approved Ordinance No. 2267 to permit sale of prepackaged nonmarijuana food and beverages at retail marijuana establishments, consistent with state law. Both ordinances passed unanimously.

- Business incentive (Restaurant Depot): The council approved Ordinance No. 2257 on first reading, authorizing a performance‑based business incentive agreement for Restaurant Depot to locate a roughly 54,000‑square‑foot wholesale store in western Broomfield. Economic Development Manager Jeff Schreyer told council the proposed agreement would "provide a maximum reimbursement of $1,100,000 over five years" and staff estimated the project could generate roughly $11.4 million in tax receipts over five years; the ordinance passed first reading unanimously.

- Parking and bicycle code: On first reading the council approved Ordinance No. 2268 to update off‑street parking and bicycle parking regulations. The ordinance (as presented) adds a new parking‑reduction area along 100th & 120th Avenue, adjusts boundaries of other parking‑reduction areas to align with state guidance, removes minimum parking requirements for eligible uses inside reduction areas, strengthens short‑term bicycle‑parking requirements (including accommodations for cargo bikes), and adds guest/visitor parking requirements for residential developments in constrained areas. Councilmember Lim secured an amendment to require a minimum of two short‑term bike parking spaces at primary building entrances for multiunit and senior multiunit developments; Councilmember Ward successfully introduced an amendment directing staff to revisit bicycle‑parking requirements every five years. The ordinance passed first reading unanimously; staff will return for subsequent reading(s).

- Consent and capital items: The council approved consent items including minutes, a purchase order request for furniture tied to the Norman Smith Service Center remodel (phase 2) and a design‑build agreement for a Paul Derda Recreation Center early‑learning playground replacement project. Capital projects staff said the playground needs replacement to meet current licensing and safety standards and that the service‑center furniture purchases were part of an anticipated roughly $500,000 furniture program for the facility. The consent agenda passed unanimously.

- Positions on state measures: After staff recommendation and discussion, Councilmember Ward moved and the council voted unanimously to take an "amend" position on Senate Bill 25‑01 (the Colorado Voting Rights Act) so staff could work with the Colorado Municipal League on changes to due‑process, burden‑of‑proof standards and claim elements. Separately, Councilmember Henkel moved that the council support House Joint Resolution 25‑1023 (the legislature’s joint resolution seeking a judicial review of TABOR); the motion passed 9‑1. Councilmember Anderson recorded a no vote and stated concern about the costs the state and taxpayers may incur for litigation and uncertain outcomes.

What council members and staff said

- On the Restaurant Depot incentive Jeff Schreyer summarized the fiscal case to council and said the project is expected to create at least 50 jobs and produce a multi‑million‑dollar net fiscal benefit if the store meets revenue projections. "The proposed agreement is to provide a maximum reimbursement of $1,100,000 over five years," Schreyer said.

- On parking and bicycles, Principal Transportation Planner Mark Ambrosi described the staff review of peer cities, proposed short‑term bicycle ratios (examples: 5% of proposed vehicle parking for retail, 10% for office, unit‑based counts for multiunit housing), and the addition of guest/visitor parking requirements where residential developments lack on‑street parking. Ambrosi said the code would refer applicants to the Association of Pedestrian and Bicycle Professionals guidelines for design dimensions and to ensure cargo‑bike accommodation.

- On the state legislative items, Brouillard explained the legal and fiscal uncertainties tied to a TABOR court challenge and recommended no staff position when direct impact was unclear; council chose to formalize a position after discussion.

Details and next steps

- Ordinances 2264, 2266 and 2267 were adopted on second reading and are effective per normal ordinance timelines (final publication). Ordinance 2257 (Restaurant Depot) and Ordinance 2268 (parking/bicycle code) passed first reading; staff will return for required subsequent readings and implementation details.

- Staff will return with proposed language reflecting council’s direction on bicycle‑parking metrics (Councilmember Lim asked staff to revisit wording on what the bicycle percentages are measured against) and with any technical edits required by the ordinance amendments introduced at first reading. Staff said the parking‑reduction boundaries were adjusted to align with Department of Local Affairs mappings required by HB24‑1304.

- The restaurant incentive is performance‑based: reimbursements are tied to actual sales/use tax remitted by the company and will not be paid unless the agreed benchmarks are met.

The council adjourned after completing the agenda; staff and council members said additional hearings and a special meeting are scheduled as part of the council’s calendar for follow‑up items.