Cherry Hills Village launches nexus study to test 7.5% parkland dedication

Cherry Hills Village officials said April 14 they have contracted a consultant to complete a nexus study that will determine whether the city’s 7.5% land-dedication requirement for minor subdivisions — or a different fee-in-lieu — satisfies the Nolan/Dolan standards and the 2024 Sheetz decision.

Community Development Director Paul Workman told the Planning and Zoning Commission that no historical nexus study could be found in city records to justify the existing 7.5% figure and that the absence of a documented legal analysis exposes the city to potential challenges and refund liability. Workman said the council approved a contract and budget with TischlerBise on March 3, 2026, and directed staff to complete a roughly four-month study with a mid-project update expected in June and a final draft in July (the commission’s regular July meeting is July 14).

Workman said the study will be a technical, rate‑setting analysis that models existing service levels, housing-type assumptions, growth scenarios and land values to calculate a defensible fee or land-dedication requirement. He emphasized the study is designed to establish an "essential nexus" between new development and park/trail impacts and to demonstrate "rough proportionality," not to serve as a parks master plan or operations document.

Parks Project and Operations Manager Emily Black described the city’s parks responsibilities — a 10‑person division overseeing about 74 acres of parks and 26 miles of trails — and confirmed that fees collected must be reserved for identified park improvements or maintenance and not used as an unspecified acquisition fund.

Commissioners asked whether graduated dedication rates or valuation-based formulas could be defensible. Workman said graduated approaches can be legally viable if tied to housing type or other defensible metrics and that the consultant will evaluate demographic assumptions (including age cohorts), housing type impacts and valuation methods appropriate for Cherry Hills Village.

Workman estimated the study cost at about $40,000 and said the budget and scope are set by the council contract with TischlerBise; any scope changes would require council approval. He also told the commission staff had asked the consultant to model alternative density scenarios should state legislation force changes to local zoning.

The commission will receive periodic updates and will be asked to make a recommendation to council if code amendments are proposed based on the study’s findings. The council imposed a nine‑month moratorium on new subdivision applications in December 2025 to allow staff time to complete the contracting and study work that led to this analysis.