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Arapahoe County seeks amendments to HOME Act over affordability, notice and infrastructure concerns
Summary
County staff urged an 'amend' position on HB26‑1001 (the HOME Act), saying the bill allows nonprofit‑led projects on up to 5 acres but lacks explicit affordability requirements, permitting clarity, public‑notice rules and infrastructure funding; commissioners backed sending amendment requests to the sponsor.
Nico Johnson of the commissioner's office briefed the board on HB26‑1001, known locally as the HOME Act, which would require local governments to allow residential development on real property up to five acres owned by certain nonprofits and related public entities.
Staff recommended the county take an 'amend' position to add explicit affordability standards, allow conditional local adjustments to height and housing types, require public notice and comment, clarify tax and right‑of‑way treatment, and identify grant funding for infrastructure and administrative costs. "The bill requires local governments to allow a residential development on real property up to 5 acres that is owned by a nonprofit organization with a demonstrated history of providing affordable housing," Johnson said.
Brian Weimer, public works and development, told commissioners the bill as drafted "touts affordability, but there's nothing in the bill that makes it have to be for affordability," noting that the sponsor said eligible developers are typically affordable‑housing providers but that the county should not rely on that alone. Commissioner Jessica Campbell pressed staff to make sure the county could still provide implementation input; Campbell said she supports an amend position that preserves the board's ability to ask for map or plan revisions in practice and to require baseline affordability terms.
Commissioners discussed options including tying grants or county incentives to minimum affordability percentages, adding clear public‑notice timelines, and defining inspection and permitting responsibilities for developments on school or transit district property. Several commissioners emphasized coordination with cities and school districts before the county finalizes a position.
The board recorded consensus support to pursue an 'amend' position and directed staff to draft specific amendment language and follow up with the bill sponsor and local partners. Commissioners asked staff to return with recommended amendment text and a short list of suggested affordability metrics.
What happens next: Staff will draft amendment language and come back to the board; the county's formal position will be transmitted to the bill sponsor and appropriate advocacy groups.
