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Council debates HB 24-1313 compliance and a proposed transit overlay; leans toward "soft noncompliance"
Summary
Staff outlined requirements of HB 24-1313 (the transit-oriented communities law), presented an overlay modeled on the city's TOD-1 district and preliminary HOG acreage estimates, and council signaled a consensus to remove the Interchange Influence Area and pursue a "soft noncompliance" approach while staff refines mixed-use incentives.
Planning Manager Brandon Rowe summarized HB 24-1313 and how it creates a local Housing Opportunity Goal (HOG) based on eligible transit-area acreage multiplied by 40 dwelling units per acre. He presented preliminary HOG estimates for Broomfield, described an overlay district modeled on the existing TOD-1 zoning (with step-down protections and an 85-foot height maximum) and highlighted required affordability and displacement strategies, including the city's inclusionary housing ordinance and reduced permit fees for income-aligned housing.
Council members pressed staff about infrastructure capacity, fiscal impacts of converting commercial parcels to residential, and legal risk given pending lawsuits challenging the law. The City Attorney said litigation is pending and could affect enforcement; staff noted DOLA determines parcel exemptions and that compliance primarily creates zoning capacity (not a construction mandate). After discussion, council conducted an informal straw poll: members coalesced around eliminating the Interchange Influence Area overlay and endorsed a "soft noncompliance" position (staff to work in good faith toward compliance but not necessarily meet the December deadline)."The HOG is calculated as the eligible transit area acreage times 40 dwelling units per acre," (Brandon Rowe).
