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HomeMy WebLinkAbout2024-12-09 (Special) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy – Community Room Englewood, CO 80110 AGENDA City Council Special Meeting Monday, December 9, 2024 ♦ 6:00 PM Council Dinner will be available at 5:30 p.m. To view the meeting, please follow this link to our YouTube live stream link: YouTube I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Approval of Ordinances on First Reading a. Approval of Amended Intergovernmental Agreement (IGA) with Arapahoe County for a Tri-Cities Homelessness Coordinator IVa documents Staff: Deputy City Manager Tim Dodd V. Tri-Cities Homelessness Plan of Action a. Deputy City Manager Tim Dodd will be present to review the draft extension of the Tri- Cities Homelessness Plan of Action. 6:30 p.m. to 6:50 p.m. Information and Direction Presentation: 5 minutes Discussion: 15 minutes Va documents VI. 2024 Mid-Year Capital Projects Review of the Capital Improvement Plan a. Director of Finance Kevin Engels and Leadership Team Members will be present to review the 2024 Mid-Year Capital Projects of the Capital Improvement Plan (CIP). 6:50 p.m. to 7:50 p.m. Information Presentation and Discussion: 60 minutes VIa documents VII. Break - 10 minutes VIII. Review of State Housing Laws a. Planning Manager Bryan Isham will be present to provide an update on the recently passed Colorado laws pertaining to housing. 8:00 p.m. to 9:00 p.m. Information Presentation and Discussion: 60 minutes VIIIa documents Page 1 of 340 Englewood City Council Special Meeting Agenda December 9, 2024 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. IX. Progress report on Englewood Forward Comprehensive Plan Update a. Director of Community Development Brad Power, Planning Manager Bryan Isham, and Senior Planner John Voboril will be present to review the progress report on Englewood Forward Comprehensive Plan Update. 9:00 p.m. to 9:40 p.m. Information and Direction Presentation: 20 minutes Discussion: 20 minutes IXa documents X. Reports from Board and Commission Council Liaisons XI. Council Member’s Choice XII. City Manager’s Choice XIII. Adjournment Page 2 of 340 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Dodd DEPARTMENT: City Manager's Office DATE: December 9, 2024 SUBJECT: CB-62 Amended Intergovernmental Agreement with Arapahoe County for a Tri-Cities Homelessness Coordinator DESCRIPTION: Approval of Amended Intergovernmental Agreement (IGA) with Arapahoe County for a Tri-Cities Homelessness Coordinator RECOMMENDATION: Staff recommends that Council consider approval, by motion, of the attached amendment to the attached Intergovernmental Agreement (IGA) between the Cities of Englewood, Littleton, and Sheridan and Arapahoe County to continue the Tri-Cities Homelessness Coordinator position and related Tri-Cities Homelessness Action Plan ("Action Plan") projects. PREVIOUS COUNCIL ACTION:  Tri-Cities joint Council meeting (November 21, 2024)  Study Session overview of the City's efforts relative to homelessness as part of the Tri- Cities Homeless Policy Committee (September 9, 2024)  Study Session update on the progress of the Action Plan (July 24, 2023)  Council Bill 10- Second Reading- Approval of an ordinance amending the scope of an intergovernmental agreement with Arapahoe County and the Cities of Littleton and Sheridan for implementation of the Tri-Cities Homelessness Plan of Action (March 20, 2023)  Council Bill 10- First Reading- Approve a bill for an ordinance amending the scope of an intergovernmental agreement with Arapahoe County and the Cities of Littleton and Sheridan for implementation of the Tri-Cities Homelessness Plan of Action (February 21, 2023)  Council Bill 9- Second Reading- Approval of an ordinance authorizing an Intergovernmental Agreement for the Provision of Homelessness Coordinator Services (March 7, 2022)  Council Bill 9- First Reading- Approval of a bill for an ordinance authorizing an Intergovernmental Agreement for the Provision of Homelessness Coordinator Services (February 22, 2022)  Tri-Cities Homelessness Plan of Action approval (September 7, 2021)  Discussion of the draft Tri-Cities Homelessness Plan of Action (July 12, 2021)  Update regarding the Tri-Cities Homelessness Study (July 13, 2020)  Council Bill 22- First Reading- Approval of an ordinance authorizing an IGA with the Cities of Littleton, Sheridan, and Arapahoe County for the purpose of developing a Tri- Cities Homelessness Plan of Action (June 21, 2021) Page 3 of 340  Proposed Tri-Cities IGA for Homelessness Assessment (Jun 17, 2019) SUMMARY: In 2021, Councils from the Cities of Englewood, Littleton, and Sheridan adopted, by motion, the Action Plan. The document included recommendations and action steps (projects organized into four themes: (1) Governance; (2) Single Adult System; (3) Workforce Development; and (4) Family System. Intended as three-year implementation plan, the Action Plan is set to expire on December 31, 2024. As part of the governance theme, the hiring of a Tri-Cities Homelessness Coordinator ("Coordinator") assisted the cities by providing project capacity; liaising with the County and other governmental and external entities; troubleshooting and coordinating the completion of projects; and tracking data towards performance metrics. Of the 30 action steps included in the original plan, 17 have been completed and most of the others are in progress. Staff recommends that Council consider of approval of this IGA to provide funding to continue the Coordinator position and to complete projects included in the original Action Plan. Following up from the joint Tri-Cities Council meeting on Thursday, November 21, 2024, an updated Action Plan will be brought forward to the three City Councils in January, 2025 for consideration of approval. ANALYSIS: Action Plan Overview For the last three and a half years, the Cities of Englewood, Littleton, and Sheridan collaborated on issues related to regional homelessness through the Tri-Cities Homelessness Policy Committee ("Tri-Cities"). In the summer of 2020, Tri-Cities contracted with the University of Denver (DU) to conduct studies to better understand the root causes of chronic (individual) and family homelessness in the region. After reviewing these studies, the City Councils of the Cities of Englewood, Littleton, and Sheridan met together on January 28, 2021 and gave support to contracting with a consultant to develop a Tri-Cities Homelessness Plan of Action ("the Plan"). Finalized in the summer of 2021 and adopted by all three City Councils, the Plan includes several projects and initiatives organized around four themes:  Governance;  Single Adult System;  Family System; and  Workforce Development. Accomplishments to Date Since the establishment of the Action Plan in 2021, the Coordinator worked to manage or assist in the completion of 17 of the 30 action steps included in the Action Plan, as well as to begin working on most of the remaining 13 projects. Major projects in the Action Plan completed over the course of the last three years include:  Building a strong governance structure through the implementation of the Coordinator role, a lived experience advisory board, and increasing staff capacity to address challenges (Governance);  Formalized a data-driven approach through the increased use of the homelessness management information system (HMIS); increased referrals to the OneHome Coordinated Entry system, and developed a system of tracking and reporting on plan implementation and outcome achievement (Governance); Page 4 of 340  Created a community education and engagement strategy including the launch of a centralized Tri-Cities webpage and welcome home community engagement program (Governance);  Streamlined access to homeless services for single adults within the region through the establishment of a navigation center (Single Adult System);  Provided street-based services including the launch of a coordinated outreach team and continued support of local meal and food distribution programs (Single Adult System)  Created partnerships with existing workforce programs including Bridge House and CrossPurpose (Workforce Development); and  Streamlined access to homelessness services and prevention for families through engaging local school districts as partners (Family System). Benefits of a Coordinator Benefits of a Coordinator include:  Capacity for the three cities to work on homelessness-related projects, as all three cities lack staff positions dedicated to homelessness coordinator;  Efficient and effective tracking of all projects and data towards all performance metrics in the Action Plan;  Troubleshooting challenges with program and project implementation;  Understanding the needs of nonprofit organizations and identifying how they can best partner with the cities; and  Serving as a liaison with Arapahoe County, the State of Colorado, and other external agencies to ensure that the cities are up to date on trends and funding opportunities. While the Coordinator, nor the Tri-Cities Policy Committee, provide direct services, the Coordinator plays a key role in connecting nonprofit service providers, understanding their needs, and working to build partnerships between nonprofit service providers and municipal governments. IGA Overview The IGA continues the Coordinator position, with funding approval each year, through the end of 2027. In addition to funding for this position at a cost of $120,000 per year (including benefits and related costs), the IGA includes $185,000 in funding to complete projects in the Action Plan. The total cost, including an additional $62,500 from the City of Littleton, is $487,000, with the City of Englewood, if approved, paying a total of $170,000. Under the terms of the IGA, Arapahoe County will provide the Coordinator with:  General oversight;  Employment;  Materials and workspace, including a computer, County email address, and cell phone; and  Funding for projects reviewed and approved by the Board of County Commissioners. The Cities agree to provide funding for the Coordinator position and projects, and ensure that the Action Plan is up to date through the Coordinator's period of employment. Reporting will include:  Tri-Cities- on a monthly basis, the Coordinator will file a short report and present it to the monthly meeting of the Tri-Cities Homelessness Policy Committee;  Program Administration- On a monthly basis, the Coordinator will meet with the Tri-Cities designated management to discuss progress and plans;  Reporting- The Coordinator will, on a quarterly basis, update performance data towards metrics in the Action Plan on teh Tri-Cities website; Page 5 of 340  Councils and Board of County Commissioners- On an annual basis, the Coordinator will file a report and present it to scheduled meetings of each of the three City Councils as well as the Arapahoe County Board of County Commissioners; and  Annual Report- On an annual basis, the coordinator will develop an annual report which will contain details on the status of each project and data towards each metric. Action Steps (Projects) The work of the Coordinator will focus on coordinating and overseeing the implementation of projects included in the Tri-Cities Action Plan. While the final version of the Action Plan extension will go before the three Councils in early 2025 for approval, the draft plan includes six projects which require funding, which would come from American Rescue Plan Act (ARPA) funds: Action Plan Theme Action Step Cost Single Adult Theme Create an online platform to request homeless services $10,000 Single Adult Theme Pilot a safe parking program $25,000 Single Adult Theme Strengthen outreach to landlords $25,000 Single Adult Theme Sponsor a permanent supportive housing feasibility analysis $50,000 Family System Theme Designate a lead service provider $50,000 Family System Theme Develop a peer-based support model $25,000 Time Period The time period of the agreement will run for two years, beginning on January 1, 2025 and ending on December 31, 2027. The agreement can be renewed for additional one-year periods by written agreement of the parties after the initial term expires. COUNCIL ACTION REQUESTED: Staff recommends that Council consider approval, by motion, of the attached amendment to the attached Intergovernmental Agreement (IGA) between the Cities of Englewood, Littleton, and Sheridan and Arapahoe County to continue the Tri-Cities Homelessness Coordinator position and related Tri-Cities Homelessness Action Plan ("Action Plan") projects. FINANCIAL IMPLICATIONS: Per a recommendation of members of Council, staff worked with the Cities of Littleton and Sheridan to modify the funding structure to better represent the size of each of the three cities. The IGA amendment modifies the funding structure so that the City of Littleton will now pay 50% of the total, the City of Englewood will pay 40%, and the City of Sheridan will pay 10%. Funds for all of these projects, as well as the salary and benefits for the Coordinator, will come from American Rescue Plan Act (ARPA) funding. Funder Coordinator Coordinator Projects Total Cost Per Page 6 of 340 Year #1 Year #2 (If approved) Funder City of Littleton- 50% $60,000 $60,000 $92,500 $275,000* City of Englewood- 40% $48,000 $48,000 $74,000 $170,000 City of Sheridan- 10% $12,000 $12,000 $18,500 $42,500 Total $120,000 $120,000 $185,000 $487,500 *The City of Littleton agreed to pay an additional $65,000 towards the completion of the IGA. CONNECTION TO STRATEGIC PLAN: Outcome area: Community Wellbeing Goal: Homelessness Services and Mitigation Plug in Plan: Determine whether the Tri-Cities Homelessness Plan of Action should be extended past the three year period. OUTREACH/COMMUNICATIONS: In developing the Tri-Cities Homelessness Action Plan, over 50 stakeholders, including nonprofit service providers and government officials, were interviewed. Upon completion, the Action Plan was presented to various stakeholder groups such as the Greater Englewood Chamber of Commerce and the Englewood Rotary Club. The cities also worked together to develop a Tri-Cities Homelessness Policy Committee website which includes dashboards with performance data towards identified metrics, as well as ways that the community can help with the efforts of Tri-Cities and assist people experiencing homelessness. ATTACHMENTS: CB #62 IGA Amended Tri-Cities Homelessness Coordinator SR IGA Amendment- Tri-Cities Homelessness Coordinator Presentation- Tri-Cities Coordinator IGA Amendment Page 7 of 340 1 ORDINANCE COUNCIL BILL NO. 62 NO. _____________ INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER _________________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF SHERIDAN, ENGLEWOOD, LITTLETON, AND THE COUNTY OF ARAPAHOE COLORADO FOR THE DEVELOPMENT OF A TRI- CITIES HOMELESSNESS COORDINATOR POSITION WHEREAS, in 2019 the Cities of Sheridan, Englewood, Littleton, and Arapahoe County engaged the University of Denver Graduate School of Social Work to perform an initial assessment to analyze persons experiencing homelessness; and WHEREAS, in 2021 at the conclusion of the initial assessment the Englewood City Council authorized an Intergovernmental Agreement with the Cities of Sheridan, Littleton, and Arapahoe County for the the purpose of developing a Tri-Cities Homelessness Plan of Action engaging Florence Aliese Advancement Network, LLC to develop the plan; and WHEREAS, the Tri-Cities Homelessness Plan of Action developed by Florence Aliese Advancement Network, LLC identified stakeholder roles and responsibilities; and WHEREAS, in 2022 the Englewood City Council authorized an Intergovernmental Agreement with the Cities of Sheridan, Littleton, and Arapahoe County for the development of a Tri-Cities Homelessness Coordinator position; and WHEREAS, in 2023 the Englewood City Council authorized an Amended Intergovernmental Agreement with the Cities of Sheridan, Littleton, and Arapahoe County for the development of a Tri-Cities Homelessness Coordinator position amending the scope of the agreement; and WHEREAS, the Parties have updated the Tri-Cities Homeless Plan of Action to reflect work completed by the Tri-Cities Homeless Coordinator over the last two year period and to reflect the focus of work for the upcoming two year period; and WHEREAS, in order to continue with the Tri-Cities Homeless Plan of Action the City of Englewood must enter into an Intergovernmental Agreement to fund the Tri- Cities Homelessness Coordinator position; and WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; and Page 8 of 340 2 WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of an Intergovernmental Agreement with the Cities of Sheridan, Littleton, and Arapahoe County Colorado for the Development of a Tri-Cities Homelessness Coordinator Position, in the form substantially the same as that attached hereto. Section 2. General Provisions The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be by reference or in full in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. Manuals, Municipal Page 9 of 340 3 Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Page 10 of 340 Tri-Cities Homelessness Policy Coordinator Intergovernmental Agreement (IGA) Pa g e 1 1 o f 3 4 0 Background •The Tri-Cities Homelessness Plan of Action (“Action Plan”) received approval from all three City Councils in 2021 •The Action Plan included four themes- Governance, Single Adult System, Family System, and Workforce Development •The Governance theme focused on building a strong foundation, which included the hiring of a Tri-Cities Homelessness Coordinator •While not providing direct service, the Coordinator is responsible for ensuring projects are completed, tracking projects, and bringing together stakeholders to achieve goals •In 2021, received one of the first ever program excellence awards from the Colorado City and County Management Association Pa g e 1 2 o f 3 4 0 Coordinator Achievements to Date •Coordinated, managed, or assisted with the completion of 17 or 56% of the 30 action steps included in the original Action Plan •Managed the exploration of a Safe Parking Pilot program •Coordinated the collection and reporting of Point in Time (PIT), which was specific to the Tri-Cities Region for the first time •Developed relationships and coordination meetings with McKinney-Vento Coordinators in school districtsPa g e 1 3 o f 3 4 0 Action Plan Completion to Date •Building a strong governance structure through the implementation of the Coordinator role, a lived experience advisory board, and increasing staff capacity to address challenges (Governance) •Formalized a data-driven approach through the increased use of the homelessness management information system (HMIS), increased referrals to the OneHome Coordinated Entry system, and developed a system of tracking and reporting on plan implementation and outcome achievement (Governance) •Created a community education and engagement strategy including the launch of a centralized Tri-Cities webpage and welcome home community engagement program (Governance)Pa g e 1 4 o f 3 4 0 Action Plan Completion to Date •Streamlined access to homeless services for single adults within the region through the establishment of a navigation center (Single Adult System) •Provided street-based services including the launch of a coordinated outreach team and continued support of local meal and food distribution programs (Single Adult System) •Created partnerships with existing workforce programs including Bridge House and CrossPurpose (Workforce Development); and •Streamlined access to homelessness services and prevention for families through engaging local school districts as partners (Family System)Pa g e 1 5 o f 3 4 0 Why Have a Coordinator? •Provides capacity to the three cities, all of which lack staff positions dedicated to homelessness coordinator •Efficiently and effectively tracks all projects and data towards all metrics in the Action Plan •Troubleshoots challenges with program and project implementation •Understands the needs of nonprofit organizations and identifies how they can best partner with the cities •Serves as a liaison with Arapahoe County, the State of Colorado, and other external agencies, to ensure that the cities are up to date on trends and funding opportunitiesPa g e 1 6 o f 3 4 0 IGA Overview •Continues to the Coordinator position for two years, with approval each year, through the end of 2027 •Includes $185,000 in funding to complete projects included in the Action Plan, including a permanent supportive housing study •Provides the funding mechanism for the second version of the Action Plan, which will come before the three Councils in January •Total cost, including an additional $62,500 from the City of Littleton, is $487,500, with the City of Englewood, if approved, paying $170,000Pa g e 1 7 o f 3 4 0 Action Steps (Projects) Action Plan Theme Action Step Cost Single Adult Theme Create an online platform to request homeless services $10,000 Single Adult Theme Pilot a safe parking program $25,000 Single Adult Theme Strengthen outreach to landlords $25,000 Single Adult Theme Sponsor a permanent supportive housing feasibility analysis $50,000 Family System Theme Designate a lead service provider $50,000 Family System Theme Develop a peer-based support model $25,000 Total Cost $185,000Pa g e 1 8 o f 3 4 0 Cost Funder Coordinator Year #1 Coordinator Year #2 (If approved) Projects Total Cost Per Funder City of Littleton- 50% $60,000 $60,000 $92,500 $275,000* City of Englewood- 40% $48,000 $48,000 $74,000 $170,000 City of Sheridan- 10% $12,000 $12,000 $18,500 $42,500 Total $120,000 $120,000 $185,000 $487,500 *Littleton agreed to pay an additional $62,500 towards the completion of the IGA.Pa g e 1 9 o f 3 4 0 Role of the County Under the terms of the agreement, Arapahoe County will provide the Coordinator with: •General oversight •Employment; •Materials and workspace, including a computer, County email address, and cell phone •Funding for projects reviewed and approved by the Board of County Commissioners Pa g e 2 0 o f 3 4 0 Role of the Cities Under the terms of the agreement, the cities agree to: •Provide funding for the Coordinator position and projects •Ensure that the Action Plan is up to date through the Coordinator’s period of employment, and with approval of the County, fund the Action Plan using a similar cost share as that described for the Coordinator costs, with the City of Littleton contributing $62,000 in addition to its proportional share.Pa g e 2 1 o f 3 4 0 Reporting •On a monthly basis, the Coordinator will present a short report to the Tri-Cities Homelessness Policy Committee •On a regular and as needed basis, the County will meet with designated Tri-Cities management to discuss progress and plans •On a quarterly basis, the Coordinator will enter performance metrics into the electronic dashboard •On an annual basis, the Coordinator will provide a report to the Councils of all three cities and the Board of County CommissionersPa g e 2 2 o f 3 4 0 Time Period The time period of the agreement shall run for two years, beginning on January 1, 2025 and ending on December 31, 2027. The agreement can be renewed for additional one-year periods by written agreement of the parties after the initial term expires. Pa g e 2 3 o f 3 4 0 Questions? Pa g e 2 4 o f 3 4 0 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF SHERIDAN, ENGLEWOOD, LITTLETON AND THE COUNTY OF ARAPAHOE, COLORADO FOR THE DEVELOPMENT OF A TRI-CITIES HOMELESSNESS COORDINATOR POSITION This Intergovernmental Agreement (the “Agreement”) is entered into and effective as of this ____ day of _______________, 2024 by and between the City of Sheridan, Colorado a home rule municipality in the State of Colorado located at 4101 S. Federal Boulevard, Sheridan, Colorado, 80110, the City of Englewood, a home rule municipality of the State of Colorado located at 1000 Englewood Parkway, Englewood, Colorado 80110, the City of Littleton, a home rule municipality of the State of Colorado located at 2255 W. Berry Avenue, Littleton, Colorado 80120 (hereafter referred to as the “Cities”), and the County of Arapahoe, a statutory county of the State of Colorado located at 5334 South Prince Street, Littleton, Colorado, 80120 (hereinafter referred to as the “County”). The Cities and the County may be individually referred to as the “Party” or collectively referred to herein as the “Parties”. WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S., encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 28-1-203 and 29-1-203.5, C.R.S., authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, the Cities and County are all experiencing an increase of homelessness in their communities; and WHEREAS, in 2019 the Cities along with the County, engaged the University of Denver Graduate School of Social Work to perform an initial assessment which interviewed and analyzed data from both single persons and families experiencing homelessness; and WHEREAS, with the conclusion of the initial assessment, the Parties engaged Florence Aliese Advancement Network, LLC, to develop an incremental operational action plan organized into priority areas, such as family homelessness and governance, with recommendation for action- steps based on national and regional best practices; and WHEREAS, a written Tri-Cities Homelessness Plan of Action (“Action Plan”) developed by Florence Aliese Advancement Network, LLC identified stakeholder roles and responsibilities and identified current and/or potential future funding opportunities including strategic steps based on regional and national best-practices and local culture, to create a solid foundation for a coordinated response system; and WHEREAS, the cities have updated and rewritten the Tri-Cities Homeless Plan of Action (“Action Plan”) to reflect work completed by the Tri-Cities Homeless Coordinator over the last two year period and to reflect the focus of work for the upcoming two year period; and WHEREAS, the Action Plan was adopted by the Cities and calls for the establishment of a Tri- Cities Homelessness Coordinator (“Coordinator”) to coordinate the implementation of the plan Page 25 of 340 2 in a manner to ensure connection to homelessness work and goals established by the County and regional best practices. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the Parties hereby agree as follows: The recitals set forth above are incorporated into this Agreement and shall be deemed to be terms and provisions of this Agreement, to the same extent as if fully set forth in this section. I. Roles of the Parties A. The County agrees to: 1. Provide oversight of the Coordinator through the Community Resources Department, Community Development, Housing, and Homeless Services (CDHHS) Division, who will provide day to day oversight of the Coordinator. 2. Provide employment to Coordinator. a. Provide employment to the Coordinator. b. Provide payments to Coordinator. c. Provide appropriate County benefits to the Coordinator. 3. Provide materials and a workspace for the Coordinator. a. Provide a workspace, in close proximity to that of the County CDHHS team, for the Coordinator. b. Provide a computer, County email address, and cell phone for the Coordinator. 4. Provide funding only for projects reviewed and approved by the Board of County Commissioners. The County is not committing any funding based on the workplan without further approval as required by this paragraph. B. The Cities agree to: 1. Provide funding for the Coordinator. a. With an estimated annual cost of $120,000, including benefits and materials and the County’s delivery of services, the City of Englewood agrees to pay $48,000 per year for the term of the agreement, the City of Littleton agrees to pay $60,000 per year for the term of the agreement, and the City of Sheridan agrees to pay $12,000 per year for the term of the agreement. b. With an estimated annual cost of $185,000, the Cities agree to provide the County with funding to execute projects including in the Action Plan: Action Plan Theme Project Approximate Cost Single Adult Theme Create an online platform to request homelessness services $10,000 Single Adult Theme Pilot a safe parking program $25,000 Single Adult Theme Strengthen outreach to landlords $25,000 Page 26 of 340 3 Single Adult Theme Sponsor a permanent supportive housing feasibility analysis $50,000 Family System Theme Designate a lead service provider $50,000 Family System Theme Peer-based support model $25,000 Based on the agreed upon funding split, of the total project cost of $185,000, the City of Littleton will provide $92,500, the City of Englewood will provide $74,000, and the City of Sheridan will provide $18,500. The County will bill the cities twice each fiscal year, on January 1, 2025; July 1, 2025; January 1, 2026; and July 1, 2026 based on an agreed upon implementation schedule for the projects included in this Agreement. All activities or projects outlined in Tri- Cities action plan must comply with the County's procurement policies, local government procurement regulations, and applicable state and federal laws. This compliance includes following any competitive bidding requirements, conflict of interest policies, and environmental guidelines. c. The Cities have developed and revised the Action Plan that will drive the work of the Coordinator. The Cities will ensure the Action Plan is up to date through the Coordinator’s period of employment, and with approval of the County, will fund the Action Plan using a similar cost share as that described for the coordinator costs, with the City of Littleton contributing $62,500 in addition to its proportional share during this agreement period to accelerate and expand the impact of these efforts. C. The Cities and the County agree to jointly: 1. Hire a Tri-Cities Homelessness Coordinator. The County will post the position and refer candidates to the Cities and will coordinate interviewing with the Cities. 2. The Cities will recommend a candidate for the Tri-Cities Homelessness Coordinator to the County. 3. The Cities and the County will review the annual performance of the Coordinator, through the counties established performance review timeline and process. II. Reporting 1. Tri-Cities Homelessness Policy Committee: a. On a monthly basis, the Coordinator will file a short report and present it to the monthly meeting of the Tri-Cities Homelessness Policy Committee. b. The monthly reports to the Tri-Cities Homelessness Policy Committee should provide a summation of key milestones achieved and deliverables met, as well as any major challenges encountered. c. The report should be filed three days before the meeting and shall be sent to the City Manager’s Office of the City that is coordinating the Committee that year. Page 27 of 340 4 2. CDHHS and Tri-Cities Management: a. On a regular and as needed basis, the Arapahoe County CDHHS Division leadership will meet with the Tri-Cities designated management to discuss progress and plans. 3. Councils and Board of County Commissioners: a. On a quarterly basis, the Coordinator will enter performance metrics identified through the Action Plan into the electronic dashboard for tracking on each project. b. On an annual basis, the Coordinator will develop and file an annual report and present it to scheduled meetings of each of the three City Councils as well as the Arapahoe County Board of County Commissioners. c. The report to the Councils and Commissioners should be a detailed progress update, including a status update on each deliverable and data towards metrics included in each plan. d. The date of the report and filing deadlines should be coordinated with the City Manager’s Office and City Clerk in each city. III. Time Period The time period of this Agreement shall run for two years, beginning on January 1, 2025, and ending on December 31, 2027. This Agreement can be renewed for additional one-year periods by written agreement of the Parties after the initial term expires. IV. Notices Any notice, demand, or request required by or relating to this Agreement shall be given by personal delivery, by facsimile, or sent by registered or certified mail, postage prepaid, to each Party at the addresses set forth herein. CITY OF SHERIDAN: CITY OF ENGLEWOOD: City of Sheridan City of Englewood 4101 S. Federal Boulevard 1000 Englewood Parkway Sheridan, CO 80110 Englewood, CO 80110 Attn: Devin Granberry Attn: J. Shawn Lewis Telephone: (303)762-2200 Telephone: (303)762-2310 Facsimile: (303)438-3398 Facsimile: (303)762-2310 E-mail: dgranberry@ci.sheridan.co.us E-mail: slewis@englewoodco.gov CITY OF LITTLETON: ARAPAHOE COUNTY City of Littleton Arapahoe County 2255 W. Berry Avenue 5334 South Prince Street Littleton, CO 80120 Littleton, CO 80120-1136 Attn: Jim Becklenberg Attn: Katherine Smith Telephone: (303)795-3720 Telephone: (303)738-8040 Facsimile: (303)795-3818 Facsimile: (303)738-8099 E-mail: jbecklenberg@littletongov.org E-mail: ksmith@arapahoegov.com Page 28 of 340 5 V. Additional Terms A. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to create any third-party benefits or beneficiaries or create a right or cause of action for the enforcement of its terms, in any entity or person not a Party to this agreement. B. Amendments. This Agreement shall be amended only by a written document approved by the governing bodies of all of the Parties; provided, however, that such agreement will not affect other outstanding financial obligations of the Parties unless provisions for full payment of such obligations, by escrow, or otherwise, has been made pursuant to such obligations. C. Non-Appropriation. This Agreement shall not be construed to create a multiple fiscal- year direct or indirect debt or other financial obligation of the Parties within the meaning of Article X, Section 20 of the Colorado Constitution. Pursuant to C.R.S. § 29-1-110, as amended, the financial obligations of the Parties as set forth herein after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available by the Parties’ respective governing bodies. D. Termination for Non-Appropriation. Notwithstanding any above-stated notice requirement, this Agreement is automatically terminated on January 1st of the first fiscal year for which funds are not appropriated. A Party shall give the other Parties written notice of such non-appropriation. Such withdrawal shall not impose a penalty against the Parties in the event of a failure to appropriate sufficient funds E. No Assignment. This Agreement may not be assigned by any Party. F. Severability. In the event that any of the terms, covenants, or conditions of this Agreement, or their application, shall be held invalid as to any person, corporation, or circumstances of any court having competent jurisdiction, the remainder of this Agreement, and the application and effect of its terms, covenants, or conditions to such persons, corporations, or circumstances shall not be affected thereby. G. Governmental Immunity. This Agreement is not intended, and shall not be construed, as a waiver of the limitations on damages or any of the privileges, immunities, or defenses provided to, or enjoyed by the Parties, their employees and volunteers, under federal or state constitutional, statutory, or common law, including but not limited to the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., et seq., as may be amended. H. Governing Law, Jurisdiction, and Venue. Colorado law governs this Agreement. Jurisdiction and venue shall lie exclusively in the District Court for Arapahoe County. I. Waiver of Breach. A Party’s waiver of another Party’s breach of any term or provision of this Agreement will not operate or be construed as a waiver of any subsequent breach by any Party. J. Execution. This Agreement may be executed in several counterparts, and by facsimile, or electronic pdf, each of which will be an original, and all of which together will constitute one and the same instrument. IN WITNESS THEREOF, the Parties have caused to be executed this Intergovernmental Agreement regarding the Tri-Cities Homelessness Coordinator. Page 29 of 340 6 CITY OF SHERIDAN ARAPAHOE COUNTY ___________________________ ___________________________ Name: Name: Title: Title: Date:_______________________ Date:_______________________ ATTEST: ATTEST: ___________________________ ___________________________ APPROVED AS TO FORM: ___________________________ CITY OF ENGLEWOOD CITY OF LITTLETON ___________________________ ___________________________ Name: Name: Title: Title: Date:______________________ Date:_______________________ ATTEST: ATTEST: ___________________________ ___________________________ APPROVED AS TO FORM: APPROVED AS TO FORM: ___________________________ ___________________________ Page 30 of 340 7 Page 31 of 340 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Dodd DEPARTMENT: City Manager's Office DATE: December 9, 2024 SUBJECT: Review of Final Draft of Tri-Cities Homelessness Plan of Action, 2025-2026 DESCRIPTION: Staff requests that Council provide final input on the draft extension of the Tri-Cities Homelessness Plan of Action. RECOMMENDATION: Staff recommends that Council review the final draft of the Tri-Cities Homelessness Plan of Action, 2025-2026, and provide any final feedback on the plan before it is presented to the Councils of the Cities of Englewood, Littleton, and Sheridan for final approval in January, 2025. PREVIOUS COUNCIL ACTION:  Tri-Cities joint Council meeting (November 21, 2024)  Study Session overview of the City's efforts relative to homelessness as part of the Tri- Cities Homeless Policy Committee (September 9, 2024)  Study Session update on the progress of the Action Plan (July 24, 2023)  Council Bill 10- Second Reading- Approval of an ordinance amending the scope of an intergovernmental agreement with Arapahoe County and the Cities of Littleton and Sheridan for implementation of the Tri-Cities Homelessness Plan of Action (March 20, 2023)  Council Bill 10- First Reading- Approve a bill for an ordinance amending the scope of an intergovernmental agreement with Arapahoe County and the Cities of Littleton and Sheridan for implementation of the Tri-Cities Homelessness Plan of Action (February 21, 2023)  Council Bill 9- Second Reading- Approval of an ordinance authorizing an Intergovernmental Agreement for the Provision of Homelessness Coordinator Services (March 7, 2022)  Council Bill 9- First Reading- Approval of a bill for an ordinance authorizing an Intergovernmental Agreement for the Provision of Homelessness Coordinator Services (February 22, 2022)  Tri-Cities Homelessness Plan of Action approval (September 7, 2021)  Discussion of the draft Tri-Cities Homelessness Plan of Action (July 12, 2021)  Update regarding the Tri-Cities Homelessness Study (July 13, 2020)  Council Bill 22- First Reading- Approval of an ordinance authorizing an IGA with the Cities of Littleton, Sheridan, and Arapahoe County for the purpose of developing a Tri- Cities Homelessness Plan of Action (June 21, 2021)  Proposed Tri-Cities IGA for Homelessness Assessment (Jun 17, 2019) Page 32 of 340 SUMMARY: After years of planning and collecting and analyzing data, the City Councils of Englewood, Littleton and Sheridan unanimously approved the Tri-Cities Plan of Action ("Action Plan") in 2021, with an expiration date of December 31, 2024. The Acton Plan included 30 action steps organized into four themes: (1) Governance; (2) Single Adult System; (3) Workforce Development; and Family System. Of the 30 action steps included in the Action Plan, 17, or 57% have been completed. Based on feedback from the Councils from the three cities and the Tri-Cities Policy Committee, staff presented an updated, two year version of the Action Plan at a joint meeting of the three Councils on November 21, 2024. Staff seeks final Council input on the draft Action Plan, which is focused on the completion of action steps in the original iteration of the Action Plan and the long-term organizational and financial sustainability of the Tri-Cities initiative. The final Action Plan will be brought forward for Council consideration of approval, by motion, in January, 2025. ANALYSIS: Action Plan Overview For the last three and a half years, the Cities of Englewood, Littleton, and Sheridan collaborated on issues related to regional homelessness through the Tri-Cities Homelessness Policy Committee ("Tri-Cities"). In the summer of 2020, Tri-Cities contracted with the University of Denver (DU) to conduct studies to better understand the root causes of chronic (individual) and family homelessness in the region. After reviewing these studies, the City Councils of the Cities of Englewood, Littleton, and Sheridan met together on January 28, 2021 and gave support to contracting with a consultant to develop a Tri-Cities Homelessness Plan of Action ("the Plan"). Finalized in the summer of 2021 and adopted by all three City Councils, the Plan includes several projects and initiatives organized around four themes:  Governance;  Single Adult System;  Family System; and  Workforce Development. Accomplishments to Date Since the establishment of the Action Plan in 2021, the Coordinator worked to manage or assist in the completion of 17 of the 30 action steps included in the Action Plan, as well as to begin working on most of the remaining 13 projects. Major projects in the Action Plan completed over the course of the last three years include:  Building a strong governance structure through the implementation of the Coordinator role, a lived experience advisory board, and increasing staff capacity to address challenges (Governance);  Formalized a data-driven approach through the increased use of the homelessness management information system (HMIS); increased referrals to the OneHome Coordinated Entry system, and developed a system of tracking and reporting on plan implementation and outcome achievement (Governance);  Created a community education and engagement strategy including the launch of a centralized Tri-Cities webpage and welcome home community engagement program (Governance);  Streamlined access to homeless services for single adults within the region through the establishment of a navigation center (Single Adult System); Page 33 of 340  Provided street-based services including the launch of a coordinated outreach team and continued support of local meal and food distribution programs (Single Adult System)  Created partnerships with existing workforce programs including Bridge House and CrossPurpose (Workforce Development); and  Streamlined access to homelessness services and prevention for families through engaging local school districts as partners (Family System). Proposed Action Steps At the joint Council meeting on November 21, 2024, staff proposed an updated Action Plan which included 14 total action steps, including three new action steps and 11 included in the existing Action Plan At the joint Council meeting on November 21, 2024, members of the three Councils recommended the inclusion of two additional projects:  Determine the feasibility of opioid settlement fund use to support initiatives (Governance); and  Explore and determine feasibility of coordination of affordable housing studies and initiatives (Single Adult System). The attached draft Action Plan includes these two action steps, bringing the total number to 16, including five new action steps. Action steps are organized into three themes: (1) Governance; (2) Single System; and (3) Family System, with a recommendation to sunset the Workforce Development theme given that the major implementation action steps included in that theme have been completed. Staff also recommends adding performance metrics for each theme, including Workforce Development that, for the most part, will be reported on quarterly through the Tri-Cities website dashboard. COUNCIL ACTION REQUESTED: Staff recommends that Council review the final draft of the Tri-Cities Homelessness Plan of Action, 2025-2026, and provide any final feedback on the plan before it is presented to the Councils of the Cities of Englewood, Littleton, and Sheridan for final approval in January, 2025. FINANCIAL IMPLICATIONS: Under a separate Council action, staff requests that Council consider approval of an amendment to an existing intergovernmental agreement (IGA) between the Cities of Englewood, Littleton, and Sheridan and Arapahoe County. If approved on an annual basis, the IGA would provide $487,500 (including an additional $62,500 from the City of Littleton) in funding to continue the Tri-Cities Homelessness Coordinator position for two years, as well as $185,000 to complete the projects included in the Action Plan. Of the Action Plan amount, less the additional $62,500 from the City of Littleton, CONNECTION TO STRATEGIC PLAN: Outcome area: Community Wellbeing Goal: Homelessness Services and Mitigation Plug in Plan: Determine whether the Tri-Cities Homelessness Plan of Action should be extended past the three year period. OUTREACH/COMMUNICATIONS: In developing the Tri-Cities Homelessness Action Plan, over 50 stakeholders, including nonprofit service providers and government officials, were interviewed. Upon completion, the Action Plan was presented to various stakeholder groups such as the Greater Englewood Chamber of Commerce and the Englewood Rotary Club. The cities also worked together to develop a Tri-Cities Homelessness Policy Committee website which includes dashboards with Page 34 of 340 performance data towards identified metrics, as well as ways that the community can help with the efforts of Tri-Cities and assist people experiencing homelessness. ATTACHMENTS: Tri-Cities Action Plan- Part Two (Draft) Presentation- Tri-Cities Plan of Action 2025-2026 Page 35 of 340 DRAFT- TRI-CITIES HOMELESSNESS ACTION PLAN PART TWO Background In 2020, the Tri-Cities Homelessness Policy Committee conducted a PESTEL (political, economic, social, technological, environmental, and legal) analysis of the region’s homelessness services to identify assets, opportunities and gaps. This assessment identified key issues areas, and findings included the strong commitment by local leaders to address homelessness, dedicated homelessness service organizations, regional public and private investments in homelessness, and consistency in local ordinances regarding occupancy of public spaces. Areas of opportunity included increasing affordable permanent housing options for persons existing homelessness such as rapid rehousing, permanent supportive housing, and allocation of housing authority vouchers; increased participation in the local data collection platforms managed by Metro Denver Homelessness Initiative (MDHI) including the Homeless Management Information System (HMIS) and OneHome, coordinated entry system; and additional safe alternatives to unsheltered dwelling. In October 2020, the Center for Housing and Homelessness at the University of Denver released two commissioned reports, one focused on family homelessness and one focused on family homelessness in the region. The reports applied qualitative methods of semi-structured interviews to capture the essence of homelessness for both the families and single adult populations. Research sought to understand key drivers into homelessness and barriers to becoming housed. Themes emerged that included lack of access to affordable housing, changes to or inability to secure employment, physical and behavioral health challenges, and fragile or troubled social relationships. The report recommended a prevention approach to retain housed families in housing through the provision of comprehensive financial and service interventions; and holistic and flexible programs to stably rehouse chronic homeless adults. On January 28, 2021, the City Councils of the three cities hosted a joint Council study session to update decision makers and the public on the findings of the reports. During this session, MDHI identified potential priority areas for the Tri-Cities Homelessness Policy Committee to focus on in the creation of its homeless strategy including a single access point for housing services; development of eviction prevention strategies; and development of diversion resources and strategies. In 2021, The Tri-Cities worked with Florence Alise Advancement Associates to develop the Tri-Cities Homelessness Plan of Action (“Action Plan”) which was adopted by all three cities and which runs through the end of 2024. The Action Plan is organized into four themes: (1) Governance; (2) Single Adult System; (3) Workforce Development; and (4) Family System. Action Plan Successes Over the course of the last three years, the Cities partnered with Arapahoe County, MDHI, and nonprofit service providers and achieved success in many components of the plan, including the development of a Tri-Cities Homelessness Coordinator position which oversaw the management and completion of strategic plan components. Page 36 of 340 Governance The Governance theme focuses on collaboratively developing a strong governance foundation focused on program management, data collection, cross-jurisdictional partnerships, and community engagement. As of May, 2024, 82% of the action steps in this thematic area have been completed. Recommendation Action Step Status 1.1 Build a strong governance structure Formalize a regional leadership body Completed 1.1 Build a strong governance structure Create a regional homelessness coordinator position Completed 1.1 Build a strong governance structure Increase local government staff capacity to address homelessness In progress 1.1 Build a strong governance structure Create a lived experience advisory board Completed 1.2 Formalize a data-driven approach to guide allocation of homelessness resources Increase participation in the homelessness management information system (HMIS) Completed 1.2 Formalize a data-driven approach to guide allocation of homelessness resources Increase referrals to MDHI's OneHome Coordinated Entry System Completed 1.2 Formalize a data-driven approach to guide allocation of homelessness resources Partner with Community Solutions Built for Zero initiative to build capacity by addressing the needs of specific sub-populations Completed 1.2 Formalize a data-driven approach to guide allocation of homelessness resources Develop a system of tracking and reporting on plan implementation and outcome achievement Completed 1.3 Create a community education and engagement strategy Create a centralized Tri-Cities webpage outlining the unified homelessness response Completed 1.3 Create a community education and engagement strategy Streamline volunteer and giving opportunities to help neighbors in need In progress 1.3 Create a community education and engagement strategy Create a welcome home community engagement program Completed Page 37 of 340 Single Adult System The Single Adult System theme focuses on meeting the needs of single adults experiencing homelessness by streamlining pathways to access services. As of May, 2024, 40% of the action steps for this thematic area have been competed, with significant planning work done on the establishment of a navigation center. Recommendation Action Step Status 2.1 Streamline access to homeless services for single adults within the region Designate a lead service provider to coordinate services for single adults Completed 2.1 Streamline access to homeless services for single adults within the region Create a central navigation center In progress 2.1 Streamline access to homeless services for single adults within the region Create an online platform to request homeless services Completed 2.2 Provide street-based services to increase the health and wellbeing of unsheltered residents Launch a coordinated outreach team Completed 2.2 Provide street-based services to increase the health and wellbeing of unsheltered residents Continue to support local meal and food distribution programs Completed 2.2 Provide street-based services to increase the health and wellbeing of unsheltered residents Pilot a safe parking program In progress 2.2 Provide street-based services to increase the health and wellbeing of unsheltered residents Convene local mental, physical, and behavioral healthcare providers to explore the creation of a medical street team Completed 2.3 Expand housing opportunities for single adults exiting homelessness Promote shared housing as a viable option to increase housing affordability In progress 2.3 Expand housing opportunities for single adults exiting homelessness Strengthen outreach to private landlords to increase participation in housing rental subsidies In progress 2.3 Expand housing opportunities for single adults exiting homelessness Sponsor a feasibility analysis to determine the approximate number of permanent supportive housing (PSH) units required to end chronic homelessness in the region Planned Page 38 of 340 Workforce Opportunities The workforce opportunities theme focuses on strengthening pathways to workforce opportunities for people experiencing homelessness and those who are housing vulnerable. As of May 2024, 50% of the action steps in this thematic area have been completed. Recommendation Action Step Status 3.1 Create partnerships with existing workforce programs Continue to pursue partnership with Bridge House Completed 3.1 Create partnerships with existing workforce programs Promote local library online skills training programs In progress 3.1 Create partnerships with existing workforce programs Support the launch of Cross Purpose at Wellspring Church Completed 3.2 Create employment opportunities for persons exiting homelessness Engage the local Chamber of Commerce In progress Family System The family system theme focuses on developing a streamlined system to address the needs of families at imminent risk and experiencing homelessness. 40% of the action steps in this thematic area have been completed as of May, 2024. Recommendation Action Step Status 4.1 Streamline access to homeless services and prevention for families experiencing or at imminent risk of homelessness within the region Engage the local school districts as partners to help lead prevention and homelessness services for families Completed 4.1 Streamline access to homeless services and prevention for families experiencing or at imminent risk of homelessness within the region Designate a lead service provider to coordinate services for families In progress 4.2 Prevent families from becoming homeless Collaborate with the school districts to ensure that school families at risk of homelessness are aware of new eviction prevention programs In progress 4.2 Prevent families from becoming homeless Pilot a peer support specialist program to extend outreach to immigrant families at risk of homelessness In progress Page 39 of 340 4.3 Increase housing opportunities for families Work with local housing authorities to explore possible ways of expanding Housing Choice Vouchers (HCH) to families exiting homelessness In progress Second Iteration of the Action Plan The second iteration of the plan includes Action Items from the original plan that were yet to be completed; new action items, primarily focused on developing a long-term financial and governance model; and performance metrics to track the success of action plan items launched under the original term of the Action Plan. The proposal for the second iteration of the Action Plan includes 16 projects organized into three of the original Action Plan themes; (1) Governance; (2) Single Adult system; and (3) Family System. Staff recommends sunsetting the Workforce Development theme, given that the major projects, intended to start workforce development programs, are in the process of launching. The updated Action Plan also includes approximately 25 metrics which connect to the four themes of the original Action Plan, which will be reported on quarterly to show long-term progress in achieving goals identified in the development of the Action Plan. Reporting If renewed, the Action Plan will run from the beginning of 2025 (from the data approved by the three Councils) to the end of 2026. The Tri-Cities Coordinator will publish a quarterly action plan that includes a progress update on all projects included in the Action Plan, in addition to data towards performance metrics, noting that data towards some performance metrics are only available on an annual basis. Action Plan Cost The original Action Plan was projected to cost approximately $750,000, which did not include funding that the cities provided for workforce development projects, such as the launch of CrossPurpose and Bridge House Ready to Work, which received funds from the American Rescue Plan Act (ARPA). Additionally, funds originally identified for some Action Plan action steps were not expended, and could presumably be expended to finalize those projects in the second iteration of the Action Plan: • Create an online platform to request homelessness services- Single Adult theme ($10,000); • Pilot a safe parking program- Single Adult theme ($25,000); • Strengthen outreach to landlords- Single Adult theme ($25,000); • Peer-based support model ($25,000) • Sponsor a permanent supportive housing feasibility analysis- Single Adult theme ($50,000); and • Designate a lead service provider- Family theme ($50,000). Page 40 of 340 The total budgeted cost of the second iteration of the Action Plan is expected to be $185,000. The majority of the funding for these projects comes from the American Recovery Plan Act (ARPA), and ARPA funds must be committed by the end of 2024, and expended by the end of 2026, which is when the Action Plan will end. Staff believes that most other action plan items can be carried out with existing staffing levels and resources, contingent on maintaining the position of Tri-Cities Homelessness Coordinator, the cost for which is estimated at approximately $120,000 per year. The development of governance and financial sustainability models, included in the Governance theme, will help the Tri-Cities to develop a long-term approach to funding the Tri-Cities Homelessness Coordinator, as well as long-range funding for the navigation center. The majority of the projects included in the Action Plan that require seed funding are not expected to need substantial resources from the cities to continue into the future. Theme One: Governance Recommendation 1.1- Develop a long-term governance model for Tri-Cities Action Step Description Existing or New Approximate Cost Year Develop a long- range governance sustainability model for the Tri- Cities Policy Committee Work with Arapahoe County and other stakeholders to explore and make recommendations relative to the long-term governance structure of the Tri-Cities Policy Committee New N/A - No additional costs are expected to be needed for this action item 2025 Recommendation 1.2- Develop financial sustainability of Tri-Cities programs and initiatives Action Step Description Existing or New Approximate Cost Year Develop a long- range financial sustainability model for initiatives included in this action plan Partner with Arapahoe County and other entities to develop a long-range financial sustainability model for initiatives included in this action plan New N/A - No additional costs are expected to be needed for this action item 2025 Determine the feasibility of developing a hosted fund Work with area philanthropic organizations to determine the feasibility of establishing a hosted donor fund to support philanthropic dollars supporting program efforts New N/A - No additional costs are expected to be needed for this action item 2025 Determine the feasibility of opioid settlement fund Explore the feasibility of utilizing opioid settlement New N/A - No additional costs are 2025 Page 41 of 340 use to support initiatives funds to support Action Plan initiatives expected to be needed for this action item Theme Two: Single Adult System Recommendation 2.1- Streamline access to homeless services for single adults Action Step Description Existing or New Approximate Cost Year Create an online platform to request homeless services Such a platform could help reduce police responses to non-emergency calls related to people experiencing homelessness. Existing Up to $10,000 in software costs (budgeted as part of the original plan) 2026 Recommendation 2.2- Provide street based services in increasing health and wellbeing Action Step Description Existing or New Approximate Cost Year Pilot a safe parking program Safe Parking programs emerged over the last several years using both public and private parking lots after-hours to offer a safe place to sleep. Participants are typically required to pre-register to access parking lots and have operable vehicles. These programs often offer services such as access to restrooms, mobile showers, and overnight security. The exploration would include a review of existing zoning laws and possible locations. Existing $25,000 (budgeted as part of the original plan) 2025 Continue to engage local healthcare providers to discuss feasibility Engage local healthcare providers and determine the feasibility of a street medical team which could include a licensed social worker, public Existing N/A - No additional costs are expected to be needed for 2025 Page 42 of 340 of a street medicine team health nurse, substance abuse counselor, and other medical professionals this action item Recommendation 2.3- Expand housing opportunities for single-adults Action Step Description Existing or New Approximate Cost Year Promote shared housing Partner with nonprofit partner organizations to promote shared housing as a viable option to increase housing affordability Existing N/A - No additional costs are expected to be needed for this action item 2025 Strengthen outreach to landlords Robust landlord engagement programs could provide dedicated funding for signing bonuses, additional security deposits, and minor repairs Existing $25,000 budgeted as part of the first plan 2025 Sponsor a feasibility analysis for permanent supportive housing (PSH) PSH is an evidence-based housing model that provides congregate or scattered site housing units to vulnerable persons Existing $50,000 budgeted as part of the first plan 2025 Explore and determine the feasibility of coordination of affordable housing studies and initiatives Explore and determine the feasibility of coordinating previous, current, and future affordable housing studies and initiatives in the three cities New N/A - No additional costs are expected to be needed for this action item 2025 Theme Three: Family System Recommendation 3.1- Streamline services for homeless families Action Step Description Existing or New Approximate Cost Year Engage local school districts as a resource partner In the development of the original plan, all three school districts expressed active engagement in identifying and working with families experiencing or at imminent risk of homelessness through their student services staff. Existing N/A - No additional costs are expected to be needed for this action item 2025 Page 43 of 340 Designate a lead service provider Designation of a lead service provider as the central coordinator for resources dedicated to family homelessness in the region. Existing $50,000 as part of the original plan 2025 Recommendation 3.2- Prevent families from becoming homeless Action Step Description Existing or New Approximate Cost Year Collaborate with school districts to ensure that school families at risk of homelessness are aware of new eviction prevention programs In 2020 and 2021, Arapahoe County received nearly $10 million in CARES Act funding to protect families at risk of eviction from inability to pay rent due to COVID-19 related job loss. And, due to disparities in technology access, not every family will be able to navigate online applications. A regional family coordinator could bridge support by working with the school districts to identify families and help them apply for relief Existing N/A - No additional costs are expected to be needed for this action item 2025 Pilot a peer-support specialist program to outreach to homeless families Peer based support models may be an appropriate intervention to outreach to families. Existing $25,000 budgeted in the original plan 2026 Recommendation: Housing Opportunities for Families Action Step Description Existing or New Approximate Cost Year Explore expanding Housing Choice Vouchers (HCV) to families Partnering with MDHI to explore the feasibility of increasing housing choice vouchers through application to special programs, and vouchers designated for youth aging out of foster care or for Existing N/A - No additional costs are expected to be needed for this action item 2026 Page 44 of 340 parents seeking to reunite with children in the child welfare system. Performance Metrics Governance/ Homelessness in the Tri-Cities Region • # of people experiencing homelessness in the Tri-Cities Region • % of people experiencing homelessness in the Tri-Cities region who are sheltered • % of people experiencing homelessness in the Tri-Cities region who are unsheltered (Source: Metro Denver Homelessness Initiative (MDHI) Point in Time (PIT) count • % of action items completed Single Adult System • Safe Parking Pilot Program o # of safe parking locations in the Tri-Cities included in the pilot o # of people utilizing established safe parking pilot locations • Navigation Center o # of unduplicated individuals who access base services o # of unduplicated clients being served by case management o # of service referrals provided by case management o # of participating agencies within case conferencing o # of housing placements through case management and case conferencing Workforce Development • Bridge House Ready to Work o Graduation rate o # of hours worked by program participants in fields such as landscape and culinary arts o # of hours of career coaching offered utilizing the space/ equipment provided by the funding o Average hourly wage of graduates (projected) • CrossPurpose o # of graduates who utilized the space/ equipment provided by funding from the cities o # of hours of career coaching offered utilizing the space/ equipment provided by this funding Page 45 of 340 o Average hourly wage of graduates (projected) (Source: CrossPurpose reporting to the City of Englewood) Family System • # of students experiencing homelessness • # of students experiencing homelessness who are sheltered • # of students experiencing homelessness who are not sheltered • # of “doubled up” students (staying with family or friends • # of students staying in hotels/ motels Page 46 of 340 Review of Final Draft Action Plan December 9, 2024 Arapahoe County Pa g e 4 7 o f 3 4 0 Overview •16 proposed projects, including five new projects and 11 existing projects •Recommendation to sunset projects in the Workforce Development theme as major projects have been completed •Expected budget of $160,000, plus funding to continue the Tri-Cities Homelessness Coordinator position •Identified performance metrics for each theme, including Workforce Development to be reported on quarterly or as data is available Pa g e 4 8 o f 3 4 0 Theme One: Governance Recommendation 1.1- Develop a long-term governance model for Tri-Cities Action Step Existing or New Approximate Cost Proposed Year Develop a long-range financial sustainability model for the Tri- Cities Policy Committee New N/A- No additional costs are expected to be needed for this action item 2025 Pa g e 4 9 o f 3 4 0 Recommendation 1.2- Develop financial sustainability of Tri-Cities programs and initiatives Theme One: Governance Action Step Existing or New Approximate Cost Proposed Year Develop a long-range financial sustainability model for initiatives included in this Action Plan New N/A- No additional costs are expected to be needed for this action item 2025 Determine the feasibility of developing a hosted fund New N/A- No additional costs are expected to be needed for this action item 2025 Determine the feasibility of opioid settlement fund use New N/A- No additional costs are expected to be needed for this action item 2025 Pa g e 5 0 o f 3 4 0 Theme Two: Single Adult System Recommendation 2.1- Streamline access to homeless services for single adults Action Step Recommendation 2.2- Provide street-based services in increasing health and wellbeing or NewCost Action Step Existing or New Cost Year Create an online platform to request homeless services Existing Up to $10,000 in software costs (budgeted as part of the original plan) 2026 Action Step Existing or New Cost Year Pilot a safe parking program Existing $25,000 (budgeted as part of the original plan)2025 Continue to engage local healthcare providers to discuss feasibility of a street medicine team Existing N/A- No additional costs are expected to be needed for this action item 2025 Pa g e 5 1 o f 3 4 0 Theme Two: Single Adult System Recommendation 2.3- Expand housing opportunities for single-adults Action Step Existing or New Cost Year Promote shared housing Existing N/A- No additional costs are expected to be needed for this action item 2025 Strengthen outreach to landlords Existing $25,000 budgeted as part of the first plan 2025 Sponsor a feasibility analysis for permanent supportive housing (PSH) Existing $50,000 budgeted as part of the first plan 2025 Explore and determine the feasibility of coordination of affordable housing studies and initiatives New N/A- No additional costs are expected to be needed for this action item 2025 Pa g e 5 2 o f 3 4 0 Theme Three: Family System Recommendation 3.1- Streamline services for homeless families Action Step Existing or New Cost Year Engage local school districts as a resource partner Existing N/A- No additional costs are expected to be needed for this action item 2025 Designate a lead service provider Existing $50,000 as part of the original plan 2025 Pa g e 5 3 o f 3 4 0 Theme Three: Family System Recommendation 3.2- Prevent families from becoming homeless Action Step Existing or New Cost Year Collaborate with school districts to ensure that school families at risk of homelessness are aware of new eviction prevention programs Existing N/A- No additional costs are expected to be needed for this action item 2025 Pilot a peer-support specialist program to outreach to homeless families Existing $25,000 budgeted in the original plan 2026 Explore expanding Housing Choice Vouchers (HCV) to families Existing N/A- No additional costs are expected to be needed for this action item 2026 Pa g e 5 4 o f 3 4 0 Performance Metrics Governance/ Homelessness in the Tri-Cities •# of action items completed •# of people experiencing homelessness in the Tri-Cities Region •% of people experiencing homelessness in the Tri-Cities region who are sheltered •% of people experiencing homelessness in the Tri-Cities region who are unsheltered (Source: Metro Denver Homelessness Initiative (MDHI) Point in Time (PIT) count) Pa g e 5 5 o f 3 4 0 Performance Metrics Single Adult System •Safe Parking Pilot Program -# of safe parking locations in the Tri-Cities included in the pilot -# of people utilizing established safe parking pilot locations •Navigation Center -# of unduplicated individuals who access case services -# of unduplicated clients being served by case management -# of service referrals provided by case management -# of participating agencies within case conferencing -# of housing placements through case management and case conferencing Pa g e 5 6 o f 3 4 0 Performance Metrics Workforce Development Bridge House Ready to Work CrossPurpose •Graduation rate •# of hours worked by program participants in fields such as landscape and culinary arts •# of hours of career coaching offered utilizing the space/ equipment provided by the funding •Average hourly wage of graduates (projected) •# of graduates who utilized the space/ equipment provided by funding from the cities •# of hours of career coaching offered utilizing the space/ equipment provided by this funding •Average hourly wage of graduates (projected) Pa g e 5 7 o f 3 4 0 Performance Metrics Family System •# of students experiencing homelessness •# of students experiencing homelessness who are sheltered •# of students experiencing homelessness who are not sheltered •# of “doubled up” students (staying with family or friends) •# of students staying in hotels/motels Pa g e 5 8 o f 3 4 0 Questions Pa g e 5 9 o f 3 4 0 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Kevin Engels DEPARTMENT: Finance DATE: December 9, 2024 SUBJECT: 2024 Mid-Year Capital Projects Review of the Capital Improvement Plan (CIP) DESCRIPTION: 2024 Mid-Year Capital Projects Review of the Capital Improvement Plan (CIP) RECOMMENDATION: Staff will provide a mid-year capital projects status update with City Council. For this initial mid- year review, staff will focus the presentation toward the one-time capital projects rather than on the ongoing capital programs. PREVIOUS COUNCIL ACTION: In the past, staff provided selected project updates to City Council as requested. A more consistent, annual review of the capital project status will provide additional information to City Council that will help shape future short and long-term capital funding strategies. This information will further enhance City Council's decision making process as they consider and approve future capital request proposals for inclusion in capital budgets. SUMMARY: During the proposed 2025 budget discussion that took place on August 12, 2024, City Council requested staff to provide a mid-year status update of the 2024 capital projects. As part of the 2026 budget process starting in 2025 and each year thereafter, staff plans to incorporate a mid- year capital projects status update with City Council in July. This Mid-Year CIP Report includes a review of capital requests for one-time projects. Updates for ongoing capital programs are not included in this report. As City Council reviews and listens to staff's presentation of the first CIP Mid-Year Report for 2024, staff seeks direction from City Council in terms of what information provided in this presentation should be provided in future CIP Mid-Year Reports. Staff will provide a 2024 project status update which includes the following information:  the project timeline status – is the project completed, not started, or delayed/on- hold/stalled  the project anticipated or completion year  issues regarding why projects are not started, stalled, delayed or on-hold  balance of appropriated funds returned to fund balance Page 60 of 340  recommendation to repurpose projects that cannot be started  additional resources needed to complete projects  the American Rescue Plan Act (ARPA)-funded projects are under contract or will be by December 31, 2024 and funding spent by December 31, 2026 Beginning in 2025, staff plans to review the CIP Mid-Year Report with City Council in July of each year. ANALYSIS: The below table provides the capital projects amounts by department oversight and corresponding fund(s). The Budget Available amount includes the unspent prior year budget appropriation plus the adopted 2024 budget appropriation. The Actual Spend amount includes the processed and paid invoices and current year encumbrance of authorized contracts. The Budget Variance is the difference between the Budget Available and the Actual Spend amounts. Department Fund 2024 Budget Available 2024 Actual Spend 2024 Budget Variance City Manager's Office Capital Projects $ 200,000 $ 0 $ 200,000 Communications Public Improvement $ 257,743 $ 101,920 $ 155,823 Capital Projects $ 62,000 $ 2,784 $ 59,216 Information Technology Capital Projects $ 1,399,730 $ 12,450 $ 1,387,280 Police Police Headquarter Construction $ 1,412,174 $ 0 $ 1,412,174 Parks, Recreation, Library and Golf Conservation Trust $ 10,000 $ 0 $ 10,000 Open Space $ 1,454,036 $ 1,422,223 $ 31,813 Public Improvement $ 2,895,419 $ 1,207,252 $ 1,688,167 Golf Course $ 50,000 $ 50,000 $ 0 Public Works Public Improvement $32,165,105 $ 9,818,950 $22,346,155 Capital Projects $ 1,180,000 $ 0 $ 1,180,000 Stormwater Drainage $20,675,000 $ 7,361,000 $13,314,000 Concrete Utility $ 975,000 $ 1,236,000 $( 261,000) Servicenter $ 115,000 $ 0 $ 115,000 Utilities Water $25,400,000 $ 5,600,000 $19,800,000 Sewer $ 480,000 $ 66,000 $ 414,000 South Platte Renew South Platte Renew $19,000,000 $18,300,000 $ 700,000 TOTALS $107,731207 $45,178,579 $62,552,628 Page 61 of 340 Outstanding American Rescue Plan Act (ARPA) Funding for the following projects: Department Fund Project Number and Title Amount City Manager's Office Capital Projects 31 0201 005 - Energy Efficient Pilot $ 200,000 Public Works Public Improvement 30 1001 010 - Walk and Wheel Plan Implementation By Area $ 500,000 Utilities Water Lead Service Line Replacement (SRF) 40 30023-002 $ 266,000 Utilities Water Old Hampden Improvements 40 30010-003 $2,250,000 ARPA FUNDING TOTAL $3,216,000 Please Note: ARPA-related projects need to be under contract by December 31, 2024 and funds are to be spent by December 31, 2026 COUNCIL ACTION REQUESTED: Staff requests feedback regarding the 2024 CIP Mid-Year Report update in order for us to improve upon the information provided.  What City Council would like included in future CIP Mid-Year Report updates?  How often would City Council like a CIP Update? FINANCIAL IMPLICATIONS: Due to the anticipated projected costs to exceed the original capital outlay estimates, the following capital projects and/or programs will need a 2024 budget supplemental and the capital request will be included in the 2024 Budget Supplemental #3 to be reviewed with City Council on November 18th:  $500,000 - Dartmouth Bridge Project # 30 1001-005; Funding from the Public Improvement Fund Unappropriated Fund Balance  $280,000 - Sidewalk Repair by Area Program; Funding from the Concrete Utility Fund Net Position  $250,000 - Old Hampden Complete Streets Project for the median irrigation system installation, trees and other amenities; Funding from the Public Improvement Fund Unappropriated Fund Balance CONNECTION TO STRATEGIC PLAN: The annual review of the mid-year capital projects status report supports the Governance result/outcome  Governance - A city government that serves the community by being efficient, effective, accountable, and adaptable OUTREACH/COMMUNICATIONS: No additional community outreach other than this study session update with City Council. Page 62 of 340 ATTACHMENTS: 2024 Mid-Year CIP Review of Capital Projects Page 63 of 340 2024 Mid-Year CIP Review of Capital Funds December 9, 2024 (Rescheduled from October 28, 2024) Presented By Leadership Team Members Pa g e 6 4 o f 3 4 0 Agenda I.Meeting Purpose II.CIP Spending Review Process III.Department Review of Capital Projects Status IV.Questions and/or Comments Pa g e 6 5 o f 3 4 0 •Starting in 2025, what information would City Council like to see in the mid-year project status report update?(What information from this presentation ought we continue to provide in future reports?) •How often would City Council like a CIP Update? •Departments with capital projects oversight will provide a 2024 mid-year status update for each project (data as of August 19, 2024) •The status update will include information such as •Project timeline status –is the project completed, not started, or delayed/on-hold/stalled •the project anticipated completion year •issues regarding why projects are not started, stalled, delayed or on-hold •balance of appropriated funds returned to fund balance •recommendation to repurpose projects that cannot be started •additional resources needed to complete projects •the American Rescue Plan Act (ARPA)-funded projects are under contract or will be by December 31, 2024 and funding spent by December 31, 2026 Meeting Purpose Pa g e 6 6 o f 3 4 0 List of Major Capital Funds & Department Oversight Fund Department(s) with Capital Projects Oversight Conservation Trust Fund (03) Parks, Recreation, Library and GolfOpen Space Fund (10) Golf Course Fund (43) Public Improvement Fund (30)Administration; Communications; Information Technologies;Parks, Recreation, Library and Golf and Public WorksCapital Projects Fund (31) Police Headquarters Construction Fund (34)Police and Public Works Stormwater Drainage fund (42) Public WorksConcrete Utility Fund (44) Servicenter Fund (61) Capital Equipment Replacement Fund (62) Water Fund (40)UtilitiesSewer Fund (41) South Platte Renew Fund (90)South Platte Renew (50% funded by the Sewer Funds of the cities of Littleton and Englewood) Pa g e 6 7 o f 3 4 0 CIP Review Process and EMC* Citations *EMC=Englewood Municipal Charter Pa g e 6 8 o f 3 4 0 CIP Review Process-Includes Mid-Year Review (STEP 1) Jan-Dec Internal Department Quarterly Status Review of CIP Projects and Programs (STEP 2) Apr-Aug Annually, 5-Year Capital Proposals Review with City Council (STEP 3) July Mid-Year CIP Review with City Council (STEP 4) August Proposed Capital Budget Review with City Council (STEP 5) October Capital Budget Adopted by City Council Pa g e 6 9 o f 3 4 0 Background -EMC Citations (1 of 3) Article X. Finance Administration Part I. Budget 94:Appropriations to lapse. Any annual appropriation or any portion thereof remaining unexpended and unencumbered at the close of the budget year shall lapse and revert to the General Fund; except for appropriations for construction or maintenance of permanent improvements from the Public Improvement Fund or other such funds designated by City Council which shall not lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned as provided in Article X, Part I, Section 96 of the Englewood Home Rule Charter. (Amended 11-6-2007) EMC=Englewood Municipal Charter Pa g e 7 0 o f 3 4 0 Article X. Finance Administration Part I. Budget 95:Capital budget. As a part of the budget message, or as a separate report thereto, the City Manager shall present a program of proposed capital projects for the ensuing fiscal year and for five fiscal years thereafter. Estimates of the cost of such projects shall be submitted by each department, officer or agency, annually in the same manner as estimates of other budgetary requirements are prepared by the City Manager. The City Manager shall recommend to the Council those projects to be undertaken during the ensuing fiscal year and the method of financing the same. Background -EMC Citations (2 of 3) EMC=Englewood Municipal Charter Pa g e 7 1 o f 3 4 0 Article X. Finance Administration Part I. Budget 96:Public improvement levy. The Council may levy annually a tax of not more than two mills to be assessed upon the valuation within the City at the same time as the regular annual taxes for City expenses for the benefit of a fund to be known as the "Public Improvement Fund".The fund is to be established for the purpose of paying, in whole or in part, the cost of general or special improvements of the City. The proceeds of such levy shall be kept by the City Treasurer in a special account until invested as authorized by the Council. The Council shall have power to transfer from time to time to the Public Improvement Fund any portion of the General Fund surplus not otherwise appropriated. Appropriations for construction of permanent improvements, from the Public Improvement Fund, shall not lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided any project shall be deemed to have been abandoned if five fiscal years elapse without any expenditure from the appropriation therefor.Any unappropriated balance in the Public Improvement Fund may be transferred by the Council for payment of outstanding general or special bonded indebtedness of the City. Background -EMC Citations (3 of 3) EMC=Englewood Municipal Charter Pa g e 7 2 o f 3 4 0 City Manager’s Office Pa g e 7 3 o f 3 4 0 City Manager’s Office CY = Current Year 31=Capital Projects Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 1 31 31 0201 005 -Energy Efficient Pilot Seed money to implement an energy efficiency project, such as LED lines in the downtown area of increased use of renewable energy in city facilities. (2021-$200K ARPA) Funds will be utilized as matching dollars for the Public Building Electrification grant, supporting the implementation of a building electrification project based on the energy audit conducted by Yearout Energy. $200,000 $0 $200,000 $0 $0 2022 2026 City Manager's Office Total $200,000 $0 $200,000 $0 $0 ARPA Funds:$200,000 Energy Efficient Pilot Project Pa g e 7 4 o f 3 4 0 Questions or Comments Pa g e 7 5 o f 3 4 0 Communications Department Pa g e 7 6 o f 3 4 0 Communications Dept (1 of 2) Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 1 30 30 1801 001 -Way Finding and Placemaking Wayfinding signage and placemaking elements as identified in the Wayfinding and Placemaking Master plan. Installed: 2 primary gateways 14 secondary gateways 5 community message In development: 2 Uniquely Englewood murals Broadway banner program Directional signage (S Broadway from 285 to Belleview) $197,843 $86,913 Plus Enc Funds $22K $108,725 $0 $100,000 2020 TBD 2 30 30 0801 007 -Historic Preservation Projects Historic markers, brochures, interpretive signage, acquisition of sites, renovation grants, etc. (2021 Unassigned FB-$350K) Wellness District in final edit, install fall/winter 2024 3 wall signs and 11 base signs $59,900 $0 Plus Enc Funds $12,802 $47,098 $0 $0 2021 TBD CY = Current Year 30=Public Improvement Fund ARPA Funds:$0 Project Title Pa g e 7 7 o f 3 4 0 Communications Dept (2 of 2) Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 3 31 31 1801 001 -Neighborhood Signs Design and Installation The Neighborhood Resources Program partners with neighborhoods to install signage. Each neighborhood receives two entrance signs and 12 street sign toppers. Complete neighborhoods •Cushing Neighborhood •Forest Hill •Belleview Park In progress goal is for signs to be installed by the end of 2025: •Hampden Hills •Old Town Will install signage in 3 more neighborhoods in 2026 $32,000 $2,784 $29,216 $0 $30,000 2022 TBD 4 31 31 1801 002 -Access Programming Fees Communications equipment for new audio/video workspace on second floor of civic center. Funding from a 2023 Comcast grant. Working with IT on an equipment list. Order will be placed in 2024. $30,000 $0 $30,000 $0 $0 2023 2024 Communications Department Total $319,743 $104,704 $215,039 $0 $130,000 ARPA Funds:$0 Project Title Pa g e 7 8 o f 3 4 0 Questions or Comments Pa g e 7 9 o f 3 4 0 Information Technology Department Pa g e 8 0 o f 3 4 0 Information Technology Dept (1 of 3) Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 1 31 31 0701 019 -Fiber Network The fiber network would connect to Englewood buildings and extend to traffic, parks and utility locations. More devices connected the network like HVAC, mobile devices, security cameras, computers and these devices consume bandwidth. Not only do the devices consume bandwidth but more business applications, providing public WIFI and higher consuming data such as video, demand higher bandwidth with low latency. Ongoing.We continue to work with Public Works to take advantage of City construction projects to build out fiber network between City facilities $993,031 $0 $993,031 $0 $0 2019 TBD ARPA Funds:$0 Project Title Pa g e 8 1 o f 3 4 0 Information Technology Dept (2 of 3) CY = Current Year 31=Capital Projects Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 2 31 31 0701 020 -HRIS System and HRIS Workforce Management Tool-31 2024 020 ($222,000) A project to implement UKG Dimensions workforce management module to support time and attendance needs. (2024-$222K HRIS Workforce Management Tool) Project on hold, awaiting UKG assessment and determination of next steps. We will have a path forward in Q4 2024. $231,699 $0 $231,699 $0 $0 2024 TBD 3 31 Phone System Replacement- 31 2023 003 Replacement of end-of-life phone system (CISCO) Selection for vendor solutions underway $150,000 $0 $150,000 $0 $0 2024 2025 ARPA Funds:$0 Project Title Pa g e 8 2 o f 3 4 0 Information Technology Dept (3 of 3) Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 4 31 31 0701 026 -CORA Request Portal This project would implement a self-service online portal to enable citizens to request and download records pursuant to the Freedom of Information Act and the Colorado Open Records Act.) Implementation completed. System went live July 1 $25,000 $12,450 $12,550 $0 $0 2024 2024 Information Technology Department Total $1,399,730 $12,450 $1,387,280 $0 $0 CY = Current Year 31=Capital Projects Fund ARPA Funds:$0 Project Title Pa g e 8 3 o f 3 4 0 Questions or Comments Pa g e 8 4 o f 3 4 0 Police and Public Works Departments Pa g e 8 5 o f 3 4 0 Police Department Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 1 34 34 1101 007 -Fox Building Annex (Public Works Update) Phase I:Roof Replacement Phase II: Renovate the inside of the building Phase one: Roof bids are in progress.$1,391,844 $0 $1,391,844 $0 $0 2024 TBD 2 34 34 1101 019 -SWAT Van Replacement (Police Update) To be completed by end of 2024. The initial payment of $44,670 for the SWAT Van purchase was in 2023. $20,330 $0 $20,330 $0 $0 2023 2024 Police and Public Works Departments Total $1,412,174 $0 $1,412,174 $0 $0 ARPA Funds:$0 Project Title CY = Current Year 34=Police Headquarters Construction Fund Pa g e 8 6 o f 3 4 0 Questions or Comments Pa g e 8 7 o f 3 4 0 Parks, Recreation, Library and Golf (PRLG) Department Pa g e 8 8 o f 3 4 0 Parks, Recreation Library & Golf Dept (1 of 5) CY = Current Year (YTD as of Aug 19, 2024) 31=Capital Projects Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 1 03 03 1300 014 -Cultural Arts Commission Public Art Public Art recommended by the Cultural Arts Commission In Progress-Mural for Englewood Recreation Center (ERC) $10,000 $0 $10,000 $0 $0 2024 2025 2 10 10 1300 506 01 -Bates Logan Grant The phase one improvements will include the restroom, picnic shelter and plaza/overlook area. The maximum grant funding awarded for a project is $500,000 which will cover the three amenity improvements with the remaining funding coming from ACOS Shareback Funds. Completed $52,779 $119,750 $(66,971)$0 $0 2023 2024 ARPA Funds:$0 Project Title Pa g e 8 9 o f 3 4 0 CY = Current Year (YTD as of Aug 19, 2024) 31=Capital Projects Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 3 10 10 1300 506 02 -Bates Logan Match The phase one improvements will include the restroom, picnic shelter and plaza/overlook area. Funding greater than the $500K grant is coming from ACOS Shareback Funds. Completed $103,446 $4,662 $98,784 $0 $0 2023 2024 4 10 10 1300 506 03 -Bates Logan Phase II Grant The majority of the Phase 2 project will include replacing the exciting playground with a new, all -inclusive play area. The remaining funding coming from ACOS Shareback Funds. In progress $600,000 $0 Plus Enc Funds $600,000 $0 $0 $0 2024 2025 Parks, Recreation Library & Golf Dept (2 of 5)ARPA Funds:$0 Project Title Pa g e 9 0 o f 3 4 0 CY = Current Year 10=Open Space Fund 30=Public Improvement Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 5 10 10 1300 506 04 -Bates Logan Phase II Match The majority of the Phase 2 project will include replacing the exciting playground with a new, all -inclusive play area. The remaining funding coming from ACOS Shareback Funds. In progress.Phase II implemented in Fall 2024. Phase III Winter 2024-Spring 2025 $697,811 $455,128 Plus Enc Funds $242,683 $0 $0 $0 2024 2025 6 30 30 1301 005 -ERC Upgrades In progress. Projected completion 2025 Q1 $1,046,816 $885,876 Plus Enc Funds $1,219 $159,721 $0 $0 2019 2025 Parks, Recreation Library & Golf Dept (3 of 5)ARPA Funds:$0 Project Title Pa g e 9 1 o f 3 4 0 CY = Current Year (YTD as of Aug 19, 2024) 31=Capital Projects Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 7 30 30 1301 012 -Little Dry Creek at the Plaza Costs to maintain, repair and eventually replace the inflatable dam became prohibitive, therefore, the decision was made to eliminate the pond and allow Little Dry Creek flows to pass through the area without being retained or "ponded". In coordination with EDDA, improvements to LDC Plaza will be designed in 2025 and implemented in late 2025- early 2026. $1,328,446 $0 $1,328,446 $0 $0 2022 2026 8 30 30 1301 014 -N Broadway /Hampden Medians/ROW Enhancements Irrigation repair, plantings, refurbishment of medians, banners on light poles, etc. (2020 surplus funding-$200K) Complete-Hampden Medians (2022) In progress -Broadway and ROW Enhancements $200,000 $0 $200,000 $0 $0 2020 2026 Parks, Recreation Library & Golf Dept (4 of 5)ARPA Funds:$0 Project Title Pa g e 9 2 o f 3 4 0 CY = Current Year 30=Public Improvement Fund 43=Golf Course Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 9 30 Belleview Park Children’s Train 30 1301-015 Replacing Belleview Park Train with an electric model. Complete 2023 down payment of $172,392.50 submitted to vendor $320,157 $320,157 $0 $0 $0 2023 2024 10 43 Cart Path Repair and Maintenance Complete for 2024 $50,000 $50,000 $0 $$2024 2024 Parks, Recreation, Library and Golf Department Total $4,409,455 $2,679,475 $1,729,980 $$ Parks, Recreation Library & Golf Dept (5 of 5)ARPA Funds:$0 Project Title Pa g e 9 3 o f 3 4 0 Questions or Comments Pa g e 9 4 o f 3 4 0 Public Works Department Pa g e 9 5 o f 3 4 0 Public Works Dept (1 of 12) CY = Current Year (YTD as of Aug 19, 2024) ARPA Funds:$500,000 Walk and Wheel Plan Implementation By Area Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 1 30 30 1001 005 -Dartmouth Bridge Widen bridge approximately 15 feet to accommodate an additional drive lane and a new 5-foot-wide sidewalk on the south side. Asphalt mill and overlay of Dartmouth Avenue from Santa Fe to S Platte River Drive. New traffic signals at both intersections of the widened bridge. Construction is 90% complete.Completion expected by end of 2024. $3,991,826 $3,230,018 Plus Enc Funds $1,058,690 $(296,882)$500,000 #3-2024 Nov 2024 $0 2 30 30 1001 010 -Walk and Wheel Plan Implementation By Area Walk and Wheel design work beginning with the rail trail project (2023-$500K ARPA) Design contract awarded to Otak Engineering at 6/17/24 Council meeting.Field investigation work is underway.15% design plans expected by mid-November $638,717 $61,164 Plus Enc Funds $438,836 $577,717 $0 $245,000 Pa g e 9 6 o f 3 4 0 Public Works Dept (2 of 12) CY = Current Year 30=Public Improvement Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 3 30 30 1001 016 -E Dartmouth Ave Traffic Calming Install traffic calming mini- roundabouts at Logan and Downing intersections Additional survey work has been required to complete design of mini- roundabouts.Examining potential right of way impacts and needs to accommodate mini- roundabouts.Expected to advertise for construction bids in spring 2025. $1,514,371 $71,346 Plus Enc Funds $278,909 $1,164,116 $0 $0 4 30 30 1001 020 -S Broadway ROW Beautification Banners on light poles, street furniture and other non- construction related beautification improvements (2020 surplus funding-$200K) Elements of this project to be combined with the S. Broadway Streetscape/Complete Streets project enhancements $69,551 $0 $69,551 $0 $0 ARPA Funds:$0 Project Title Pa g e 9 7 o f 3 4 0 Public Works Dept (3 of 12) Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 5 30 30 1001 021 -Downtown Overhead Light Design Engineering and design of specialty lighting over the 3400 block of Broadway (2020 surplus funding-$30K); potential partnership with EDDA Working with the EDDA to identify where and what type of lighting is desired and most beneficial for the area.Expect lighting to be installed in Spring 2025. $30,000 $0 $30,000 $0 $0 6 30 30 1001 022 -S Broadway Streetscape Funding to provide engineered drawings for future bidding to construct streetscape improvements along S. Broadway (2020 surplus funding-40K) Design is 60% complete.Expected to advertise for construction bids in spring 2025 $7,580,000 $590,467 Plus Enc Funds $909,373 $6,080,160 $0 $0 ARPA Funds:$0 Project Title CY = Current Year 30=Public Improvement Fund Pa g e 9 8 o f 3 4 0 Public Works Dept (4 of 12) CY = Current Year (YTD as of Aug 19, 2024) ARPA Funds:$0 Project Title Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 7 30 30 1001 028 -Old Hampden Complete Streets Pedestrian Project Reconstruction the street and provide for various pedestrian & bicycle improvements, enhanced street lighting, and improve access Design is 60% complete.Expected to advertise for construction bids in spring 2025. $9,342,039 $479,565 Plus Enc Funds $1,397,513 $7,464,961 $0 $0 8 30 30 1001 030 -285 Congestion Mitigation Study Analysis of measures to improve vehicle through put. reduce delays, and improve capacity along US 285 from west of Santa Fe to I-25 (TC $1.6 million; Federal Funding $1.28 million; CDOT Funding $200K; Other Funding $80K; City Share $40K) Project is complete.Study report is published on City website.Return excess funds to fund balance. $408,238 $59,820 Plus Enc Funds $144,923 $203,495 $0 $0 Pa g e 9 9 o f 3 4 0 Public Works Dept (5 of 12) CY = Current Year (YTD as of Aug 19, 2024) Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 9 30 30 1001 033 -W Dartmouth Multi-Modal Safety Improvements Between Zuni and Platte River Dr replace traffic signals at Zuni and Tejon, signal equipment upgrades, signing, pavement marking, lighting and minor sidewalk improvements Design is 95% complete.Finalizing right of way acquisition in northwest corner of Tejon St. for new ADA ramp.Expected to advertise for construction bids in late 2024 $1,393,086 $131,123 Plus Enc Funds $141,951 $1,120,012 $0 $0 10 30 30 1001 036 -Hawk Signal High-Intensity Activated Cross Walk (HAWK) Staff applied for a federal grant through CDOT and was awarded in 2023 funding as part of the Revitalizing Main Streets (RMS) Opportunity 1 funds. The grant amount awarded is $315,515 with a local match of $78,879. Design is 80% complete.Adding design information for direct power rather than solar power.Expected to advertise for bids in early 2025. $341,760 $74,201 Plus Enc Funds $64,018 $203,541 $0 $0 ARPA Funds:$0 Project Title Pa g e 1 0 0 o f 3 4 0 Public Works Dept (6 of 12) Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 11 30 30 1001 038 -Dartmouth Ave Reconstruct W of Santa Fe Reconstruct pavement section on Dartmouth west of Santa Fe Funding combined with Dartmouth Bridge Widening project contract.Paving expected to be complete by mid November 2024. $1,000,000 $0 Plus Enc Funds $1,000,000 $0 $0 $0 12 30 30 1001 039 -Union Ave Bridge Rehabilitation Rehabilitate the Union Ave bridge over the S. Platte River. Temporary repairs made to bridge deck pavement.Reviewing scope and fee for full deck replacement design work.Also exploring grant opportunities.Construction work expected to commence in summer 2025. $2,195,012 $84,434 Plus Enc Funds $18,144 $2,092,434 $0 $0 13 30 30 1001 100 01 -Oxford Avenue Pedestrian Bridge Grant for the Rail trail bridge over Oxford Ave Finalizing plans and obtaining CDOT approvals to rebid project construction in early 2025.Need to coordinate timing with developer cost contribution. $1,324,714 $263 Plus Enc Funds $5,871 $1,318,580 $0 $0 ARPA Funds:$0 Project Title Pa g e 1 0 1 o f 3 4 0 Public Works Dept (7 of 12) Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 14 30 30 1001 100 02 -Oxford Avenue Pedestrian Bridge Match City's Grant Match and developer's share of the Rail trail bridge over Oxford Ave Same as line #13 $835,791 $66 Plus Enc Funds $300 $835,425 $0 $0 15 30 30 1001 040 -Union Avenue Repaving Reconstruct pavement on Union Ave between Santa Fe and the bridge at the S. Platte River Design plans 80% complete.Coordinating with Xcel Energy to deepen gas main in certain areas to be below new pavement section.Construction expected in summer 2025. $1,500,000 $16,954 $1,483,045 $0 $0 CY = Current Year 30=Public Improvement Fund ARPA Funds:$0 Project Title Pa g e 1 0 2 o f 3 4 0 Public Works Dept (8 of 12) CY = Current Year (YTD as of Aug 19, 2024) Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 16 31 31 0701 025 -Badge System and Badge System -31 2022 002 This project is to replace the current badge system with a system that is more efficient and can more easily manage the access controls and implemented in all city facilities. RFP process in progress $725,000 $0 $725,000 $0 $0 17 31 31 1005 015 -ADA Audit City Facilities Funding to construct improvements or modifications to City facilities to meet ADA standards based on recommendations in the city-wide ADA Assessment report. In progress: Contractor has been assigned. $305,000 $0 $305,000 $0 $0 ARPA Funds:$0 Project TitleCY = Current Year 31=Capital Projects Fund Pa g e 1 0 3 o f 3 4 0 Public Works Dept (9 of 12) CY = Current Year (YTD as of Aug 19, 2024) Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 18 31 31 1005 019 -Backup Generators Backup generators for Service Center, Malley Senior Recreation Center, Acoma Fire department, and Englewood Recreation Center. This will help keep these buildings running during storms and power outages and also improve the main electrical switch feeding each building. In progress: Looking into grant options and receiving estimates. $150,000 $0 $150,000 $0 $925,000 19 42 42 2023 0302 South Englewood Drainageway Plan 50/50 IGA Mile High Flood District has programmed matching funding for Englewood for priority stormwater projects in the City based on the outcome of the ongoing Major Drainageway Plan update Third IGA Amendment with MHFD scheduled for Council consideration on 10/21/24.Final major drainageway plan document expected from MHFD by end of 2024 which will inform which project priority to undertake with the funding. $500,000 $0 $500,000 $0 $400,000 ARPA Funds:$0 Project TitleCY = Current Year 31=Capital Projects Fund 42=Stormwater Drainage Fund Pa g e 1 0 4 o f 3 4 0 Public Works Dept (10 of 12) CY = Current Year (YTD as of Aug 19, 2024) Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 20 42 Dry Gulch/Harvard Gulch Master Drainageway Plan IGA -42 2021 2101 001 Project selection will be based on the recommendations set forth in the 2016 Harvard Gulch and Dry Gulch Major Drainageway Plan. The planning, design and construction of this work will be managed by MHFD. City staff will provide project oversight and guidance. Second IGA Amendment with MHFD scheduled for Council consideration on 10/21/24. Design consultant selection expected by end of 2024 to begin prioritizing sections to be improved. $375,000 $0 $375,000 $0 $375,000 21 42 South Englewood Stormwater Improvements-42 2020 2201 001 Construct detention pond and piping to alleviate flooding in drainage basin Construction is roughly 50% complete.Completion expected by March 2025. $17.0M $7.3M $9.7M $0 $2.0M ARPA Funds:$0 Project TitleCY = Current Year 42=Stormwater Drainage Fund Pa g e 1 0 5 o f 3 4 0 Public Works Dept (11 of 12) CY = Current Year (YTD as of Aug 19, 2024) 42=Stormwater Drainage Fund 44=Concrete Utility Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 22 42 Hospital Project Old Hampden Avenue, Lincoln to Clarkson-42 2021 004 Replacement of existing deteriorated storm water pipes with larger ones with adequate capacity Construction contract award scheduled for Council consideration at 11/18/2024 meeting.Gas main relocation work scheduled to commence in November 2024.Project construction expected to commence before the end of 2024. $2,800,000 $61,000 $2,739,000 $0 $500,000 2022 2025 23 44 Curb & Gutter Repair Program Annual program to repair damaged concrete curb & gutter, drain pans, etc. 2024 Concrete Utility project is complete. $175,000 $175,000 $0 $0 $200,000 24 44 Sidewalk Repair by Area Program Annual program to repair damaged concrete sidewalk. 2024 Concrete Utility project is complete.Budget supplemental from fund balance required to appropriate total funding necessary to replace all damaged areas needed in 2024. $800,000 $1,061,000 $(261,000)$261K #3-2024 Nov 2024 $800,000 ARPA Funds:$0 Project TitleCY = Current Year 42=Stormwater Drainage Fund 44=Concrete Utility Fund Pa g e 1 0 6 o f 3 4 0 Public Works Dept (12 of 12) CY = Current Year 61=Servicenter Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 25 61 61 2021 004 Servicenter Building Upgrades Complete repairs/upgrades to various buildings on the ServiCenter site including the replacement of garage door motors, installing power to the Traffic Division outbuilding, and implementation of energy audit recommendations. In Progress: ongoing $ 115,000 $0 $115,000 $0 $357,500 Public Works Department Total $55.6M $18.9M $36,694,155 $ 761,000 $5,802,500 ARPA Funds:$0 Project Title Pa g e 1 0 7 o f 3 4 0 Questions or Comments Pa g e 1 0 8 o f 3 4 0 Utilities Department Water and Sewer Funds Pa g e 1 0 9 o f 3 4 0 Water Fund (1 of 8) CY = Current Year 40=Water Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 1 40 Lead Reduction Program Manager 40 30017-002 Initiate the City's Lead Reduction Program by developing a service line inventory, a communications plan, and a service line replacement strategy. (ARPA- $500K) Initial inventory for regulatory deadline complete (ARPA) Potholing all properties with construction date prior to 1960 under Lead Reduction Program $500K $356K $144K $0 $1.3M 2023 2026 2 40 Lead Service Line Replacement (SRF) 40 30023- 002 The City will replace all lead service lines in its service area at an accelerated rate. Replacements underway $6.3M $0 $6.3M $0 $12.0M 2024 2026 ARPA Funds:$ 266K Lead Service Line Replacement (LSLR) Project Pa g e 1 1 0 o f 3 4 0 Water Fund (2 of 8) CY = Current Year 40=Water Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 3 40 Lead Service Line Replacement (WIFIA) 40 30007-003 The City will replace all lead service lines in its service area at an accelerated rate. SRF loan funds Lead Reduction Program $2.0M N/A $2.0M $0 $0 N/A N/A 4 40 Clarkson & Hampden Booster Pump Station 40 30021 003 Replace aging infrastructure within the Clarkson and Hampden booster pump station that boosts water pressure on the northeast side of the City's Service Area. Construction underway $1.1M $148K $952K $0 $0 2024 2024 ARPA Funds:$0 ARPA Project Title Pa g e 1 1 1 o f 3 4 0 Water Fund (3 of 8) CY = Current Year 40=Water Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 5 40 Blower Building Modifications–Construction 40 30019 003 Replace filter air-scour blower for and supporting electrical equipment. Project underway $320K $10K $310K $0 $0 2023 2024 6 40 Old Hampden Improvements 40 30010-003 Replace 18-inch waterline near end of useful life as part of Old Hampden Improvements. Construction contract to be considered by City Council on 11/18/2024 (ARPA) $3.2M $22K $3.2M $1.2M #3-2024 Nov 2024 $2.0M 2024 2025 ARPA Funds:$2.25 M Old Hampden Improvements Project Pa g e 1 1 2 o f 3 4 0 Water Fund (4 of 8) CY = Current Year 40=Water Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 7 40 Big Dry Creek Diversion 40 30009-003 Construction diversion to move Big Dry Creek (BDC) effluent from upstream to downstream of Union Ave Intake. Project on hold per City Council direction during 10/16/2023 study session $1.1M $0 $1.1M $0 $0 N/A N/A 8 40 City Ditch Piping Project 40 30001-002 Pipe remaining open channel reaches of City Ditch between Chatfield Reservoir and AWTP. Final design $4.3M $645K $3.7M $0 $6.7M 2023 2026 ARPA Funds:$0 ARPA Project Title Pa g e 1 1 3 o f 3 4 0 Water Fund (5 of 8) CY = Current Year 40=Water Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 9 40 Water Meter Improvements 40 30008-003 Replace all water customer meters with Advanced Metering Infrastructure (AMI). Underway $2.2M $2.1M $100K $0 $1.3M 2024 2025 10 40 Denver Water Emergency Interconnect 40 30025-002 Construct emergency potable water interconnections from Denver Water to Englewood's Service Area capable of providing emergency water service to Englewood's customers. Final design $3.0M $141K $2.9M $0 $1.6M 2024 2025 ARPA Funds:$0 ARPA Project Title Pa g e 1 1 4 o f 3 4 0 Water Fund (6 of 8) CY = Current Year 40=Water Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 11 40 ServiCenter Space Improvements–Design 40 30024 002 Design new office and meeting space at the ServiCenter. Final design $140K $77K $63K $0 $0 2024 2025 12 40 ServiCenter Space Improvements–Construction 40 30024-003 Construct new office and meeting space at the ServiCenter. Construction contract award anticipated by end of 2024 $350K $0 $350K $0 $1.2M 2024 2025 ARPA Funds:$0 ARPA Project Title Pa g e 1 1 5 o f 3 4 0 Water Fund (7 of 8) CY = Current Year (YTD as of Aug 19, 2024) 40=Water Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 13 40 Allen WTP Space Improvements Phase I– Construction 40 30006-003 Construct new office and meeting space at Allen WTP, on the north side of the site. This space will house all of the Allen WTP Operations and Maintenance staff. Substantial completion of construction $380K $2M $(1.6M) $0 $0 2023 2024 14 40 Allen WTP Space Improvements Phase II– Design 40 30011 002 Design new office and meeting space at Allen WTP, on the south side of the site. This space will house all of the Engineering and Environmental Compliance staff. Final design $140K $77K $63K $0 $0 2024 2025 ARPA Funds:$0 ARPA Project Title Pa g e 1 1 6 o f 3 4 0 Water Fund (8 of 8) CY = Current Year 40=Water Fund Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 15 40 Allen WTP Space Improvements Phase II– Construction 40 30011-003 Construct new office and meeting space at Allen WTP, on the south side of the site. This space will house all of the Engineering and Environmental Compliance staff. Construction contract award anticipated by end of 2024 $350K $0 $350K $0 $2.4M 2024 2025 Utilities Department-Water Fund Total $25.4M $5.6M $19.8M $0 $28.5M ARPA Funds:$0 ARPA Project Title Pa g e 1 1 7 o f 3 4 0 Questions or Comments Pa g e 1 1 8 o f 3 4 0 Sewer Fund (1 of 2) Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 1 41 Allen WTP Space Improvements Phase II– Design 41 30004 002 Sewer Fund portion space that will house all of the Engineering and Environmental Compliance staff. Final design $60K $33K $27K $0 $0 2024 2025 2 41 Allen WTP Space Improvements Phase II– Construction 41 30004-003 Sewer Fund portion of space that will house all of the Engineering and Environmental Compliance staff. Construction contract award anticipated by end of 2024 $180K $0 $180,000 $0 $930K 2024 2025 CY = Current Year 41=Sewer Fund ARPA Funds:$0 ARPA Project Title Pa g e 1 1 9 o f 3 4 0 Sewer Fund (2 of 2) Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 3 41 ServiCenter Space Improvements–Design 41 30006 002 Design new office and meeting space at the ServiCenter (Sewer Fund portion of costs). Final design $60K $33K $27K $0 $0 2024 2025 4 41 ServiCenter Space Improvements–Construction 41 30006 003 Construct new office and meeting space at the ServiCenter (Sewer Fund portion of costs). Construction contract award anticipated by end of 2024 $180K $0 $180,000 $0 $516K 2024 2025 Utilities Department-Sewer Fund Total $480K $66K $414K $0 $1.4M CY = Current Year 41=Sewer Fund ARPA Funds:$0 ARPA Project Title Pa g e 1 2 0 o f 3 4 0 Questions or Comments Pa g e 1 2 1 o f 3 4 0 South Platte Renew Pa g e 1 2 2 o f 3 4 0 South Platte Renew Line # Fund Project Number and Title Project Description Project Status Total CY Funding Available Total CY Actual Spend Total CY Budget (Un)Favorable Variance 2024 Budget Spplmnt 2025 Budget Request Start Year End Year 1 90 O&M Complex-90 2021 006 Renovation and expansion to administration building; replacement and upgrade of HVAC systems. In progress $12.4M $12.2M $200,000 $1.8M #2-2024 Jul 2024 $0 2019 2024 2 90 Solids Enhancement Project (near-term)-90 2022 017 Asset renewal and process upgrades for SCT System, long-term, and associated equipment/systems. In progress $6.6M $6.1M $500,000 $0 $0 2021 2025 South Platte Renew Total $19.0M $18.3 $700,000 $1.8M $0 CY = Current Year 90=South Platte Renew Fund ARPA Funds:$0 Project Title Pa g e 1 2 3 o f 3 4 0 Questions or Comments Pa g e 1 2 4 o f 3 4 0 STUDY SESSION TO: Mayor and Council FROM: Bryan Isham DEPARTMENT: Community Development DATE: December 9, 2024 SUBJECT: Review of State Housing Laws DESCRIPTION: Update city council on the recently passed Colorado laws pertaining to housing RECOMMENDATION: Staff recommends council review of the study session communications and associated materials associated with new state laws that may have future implications for the regulated development and growth of the city. PREVIOUS COUNCIL ACTION: November 12, 2024: City council study session discussion on land use related bills covering SB2024-174 - Sustainable Affordable Housing Assistance, HB2024-1175 - Local Government Rights to Property for Affordable Housing, HB2024-1007 - Residential Occupancy Limits and HB2024-1152 - Accessory Dwelling Units. SUMMARY: This is a continuation of the November 12, 2024 study session item to discuss the three remaining laws. A series of land use related bills were passed during the 2024 Spring session of the Colorado legislature that can affect regulations in Title 16 and the land use and growth policies for the City of Englewood. All of them were signed into law by the governor. A short summary of the three remaining laws is provided below, developed by Colorado Legislative Council staff, with more detailed summary and analysis of each bill in the attachments to this communication. HB2024-1313 - Transit-Oriented Communities The law identifies local governments that must create, report, and implement a housing opportunity goal to increase housing inventory. The Department of Local Affairs (DOLA) in collaboration with the Colorado Energy Office (CEO) and the Colorado Department of Transportation (CDOT), must provide broad technical assistance to affected local governments, and administer a grant program to assist with planning, compliance, and infrastructure projects. HB2024-1304 - Minimum Parking Requirements The law creates various rules and requirements concerning minimum parking requirements for local governments. Page 125 of 340 SB2024-005 - Prohibit Landscaping Practices for Water Conservation The law prohibits local governments or homeowners’ associations from installing, planting, or placing nonfunctional turf, artificial turf, or invasive plant species on any commercial, institutional, or industrial property or transportation corridor. Further, the Department of Personnel and Administration (DPA) must not use prohibited landscaping in construction and renovation projects on state facilities. The bill does not apply to artificial turf on athletic fields of play. ANALYSIS: Analysis is provided for each law separately in the attachments to this communication. COUNCIL ACTION REQUESTED: Staff will provide council with a briefing on the three remaining land use laws that were passed during the 2024 session of the Colorado legislature, followed by an opportunity for council questions, discussion and direction to staff. FINANCIAL IMPLICATIONS: The fiscal impact of the new laws will be reviewed in further depth as the rulemaking and requirements continue to be established and propagated by various agencies and departments of the State of Colorado. CONNECTION TO STRATEGIC PLAN: The legislation addresses the following strategic plan goals: Sustainability  Protection of water resources, including rivers and streams  A community that addresses current and future environmental, economic, and social climate vulnerabilities through implementing climate adaptation and mitigation projects and practices.  Protect our natural environment. Transportation  Ensure access and increased opportunities for multi-modal transportation.  Invest in maintaining transportation infrastructure and modifying it.  Increase access to multi-modal transportation options and ensuring most needs are met within a travel distance of 15 minutes. Community Wellbeing  Explore and implement opportunities to increase affordable housing opportunities in Englewood.  Promote the maintenance, management and innovative modifications to the city’s high- quality parks and recreation facilities. OUTREACH/COMMUNICATIONS: No community outreach or communications has been conducted regarding these newly enacted laws. Page 126 of 340 ATTACHMENTS: 1. HB2024-1313 - Transit-Oriented Communities Packet 2. HB2024-1304 - Minimum Parking Requirements Packet 3. SB2024-005 - Prohibit Landscaping Practices for Water Conservation Packet Page 127 of 340 ____________________________________________________________________________ TO: THRU: FROM: DATE: Mayor Sierra and Council Members Brad Power, Community Development Director Bryan Isham, Community Development Planning Manager John Voboril, Community Development Senior Planner December 9, 2024 SUBJECT: Colorado HB2024-1313: Transit-Oriented Communities DESCRIPTION: Informational study session regarding Colorado HB2024-1313: Transit-Oriented Communities. RECOMMENDATION: Staff recommends city council review of the study session communication regarding legislative details that may have future implications for the regulated development and growth of the city. PREVIOUS ACTION: City council has not previously conducted a review or discussion regarding recently enacted state land use laws. SUMMARY: The following summary of Colorado HB2024-1313: Transit-Oriented Communities was developed by Colorado Legislative Council Staff: The law identifies local governments that must create, report, and implement a housing opportunity goal to increase housing inventory. The Department of Local Affairs (DOLA) in collaboration with the Colorado Energy Office (CEO) and the Colorado Department of Transportation (CDOT), must provide broad technical assistance to affected local governments, and administer a grant program to assist with planning, compliance, and infrastructure projects. Transit-Oriented Communities. The law applies to any municipality with a population of at least 4,000 residents that lies within a metropolitan planning organization (MPO). The law also affects county governments whose jurisdictions include a specific portion of a transit station area or transit corridor. Page 128 of 340 2 Housing Opportunity Goal Report. The law requires that transit-oriented communities submit a housing opportunity goal report to DOLA. A preliminary report is due by June 2025 and another by December 2026. Progress reports are required every three years. The housing opportunity goal report must: x calculate a housing opportunity goal to determine a target average zoned housing density; x include data, methodology and maps used to calculate the goal; x identify zoning districts that may qualify as transit centers or neighborhood centers; x adopt affordability strategies, displacement mitigation strategies, and implementation plans; and, x if applicable, provide an analysis that there are insufficient water supplies to provide the needed domestic service necessary to meet the goal. DOLA must either approve the report or provide direction for amending and resubmitting the report. If a transit-oriented community fails to create the housing opportunity goal report or if DOLA does not approve the report by December 2027, or if progress reports are not submitted and approved, DOLA must designate the community as non-qualified. Transit and Neighborhood Centers. The law establishes multiple criteria for transit- oriented communities to designate areas as transit centers and neighborhood centers, with these designations subject to approval by DOLA. Among other requirements, transit centers must meet housing density requirements, have an administrative process for multifamily development on specific parcels, and be located within a transit area. DOLA may establish other criteria communities must use to designate transit and neighborhood centers. DOLA Technical Assistance. By September 30, 2024, DOLA must consult with MPOs and transit agencies to publish a map designating transit areas to be used in calculating local governments’ housing opportunity goals. That map has been produced. By December 1, 2024, DOLA must publish models and guidance to assist local governments in meeting their goals and calculating the appropriate housing density for transit-oriented communities. By June 30, 2025, DOLA must develop a menu of standard affordability strategies and long-term and alternative affordability strategies for communities to adopt and include in their housing opportunity goal reports. DOLA must also provide guidance and a methodology for local governments to conduct displacement risk assessments and develop a menu of displacement mitigation strategies. Grant Program. The law creates the Transit-oriented Communities Infrastructure Grant Program in DOLA to assist local governments with planning, community engagement, and infrastructure projects for the benefit of regulated affordable housing, transit centers and neighborhood centers. Page 129 of 340 3 Funding. The law creates the Transit-oriented Communities Infrastructure Fund in the state treasury (the fund). In FY 2024-25, the treasurer must transfer $35 million from the General Fund to the fund. Money in the fund is continuously appropriated to DOLA. The department may spend up to six percent of money in the fund for administrative expenses to provide technical assistance and administer the grant program. ANALYSIS: Timeline of Key Milestones September 30, 2024: State release of transit areas maps for local housing opportunity goal. February 28, 2025: State release of guidance for calculation of local housing opportunity goal. June 30, 2025: Local preliminary assessment report due to state for review. State release of affordability and displacement mitigation strategies and general guidance. December 31, 2026: Local housing opportunity goal and strategies compliance report due to state for review, including local insufficient water supplies report, if applicable. December 31, 2027: Deadline to qualify as a certified Transit-oriented Community in order to become eligible for transit-oriented planning and infrastructure grants and income tax credits. Status report demonstrating continued compliance due every three years thereafter. Community Development staff have conducted a review of the legislation in order to identify parcels with a high probability for inclusion within transit station and high frequency bus corridor areas, for the purpose of the housing opportunity goal calculation, prior to the release of the official maps. Community Development staff have identified these parcels based on the geographical locations of the following transit stations and high frequency bus corridors: x Englewood LRT Station: Half-mile radius x Oxford LRT Station: Half-mile radius x South Broadway Bus Corridor (Yale to Hampden Ave.): Quarter-mile radius x South Federal Bus Corridor (Dartmouth Ave., Inca to Zuni) Page 130 of 340 4 x South Federal Bus Corridor (Radcliff Dr. to Belleview Ave.): Quarter-mile radius x Evans Bus Corridor (Pecos to Zuni St.): Quarter-mile radius Within this group of parcels, staff have identified which parcels qualify as exempt for the purpose of calculating the city’s housing opportunity goal. Parcels qualifying for exempt status include the following: x Parcels that are believed to be undevelopable due to reasons including health and safety, topography, or practical limitations subject to DOLA review and approval. x Parcels not served by a domestic water and sewage treatment system. x Any part of a parcel located within an unincorporated area that is served by a domestic water and sewage treatment system owned by a municipality. x A parcel that is located within an agricultural, forestry, natural resource preservation or open space zoning district. x A parcel that is zoned or used primarily for industrial use. x Any part of a parcel that is located within a floodway or 100-year flood plain. x Any part of a parcel subject to an easement for a major electric or natural gas facility. x A parcel used as a cemetery. x Any part of a parcel subject to a conservation easement. x A parcel or easement that is owned by, used as, or operated as an airport. x A public or railroad right-of-way. x A parcel used as a mobile home park. x A parcel located within a transit station area that is separated by a limited-access highway or railroad track from all exits to a transit station. A parcel wholly beyond an area that is reachable by a person walking a distance of no more than one-half mile from the transit station. x A parcel that is owned by a federal, state, or local government entity. x Any part of a parcel that includes land that is park and open space. x A parcel that is owned by a school district. x Any part of a parcel where residential use is prevented or limited to less than forty dwelling units per acre by state regulation, federal regulation, or deed restriction, pursuant to a federal aviation administrative restriction, an environmental covenant, and restrictions within a flammable gas overlay zoning district. Staff identified parcels that are geographically located within one-half mile of the Englewood and Oxford LRT Stations, and/or within one-quarter mile of the high frequency bus corridors lines identified through a reading of the legislative bill. The parcels were classified as non-exempt and exempt from the required housing opportunity calculation. The total acreage of non-exempt parcels is multiplied by forty units per acre to produce a community housing opportunity goal: Page 131 of 340 5 x Total Acreage x 40 units/acre = 23,313 total housing units. The city is required by the Transit-Oriented Communities legislation to designate portions of the initial transit areas as city-adopted transit centers that are zoned for residential densities that meet or exceed the calculated housing opportunity goal, as a whole. In order to gauge how well current zoning meets the required housing opportunity goal within the potential transit area, staff conducted a series of analytical calculations on the non-exempt parcels located within the housing opportunity goal transit area. First, maximum residential densities are determined for each of the city’s zoning districts. Next, non-exempt parcels are classified by zoning district. Aggregated parcel acreage by zoning district numbers are multiplied by the maximum residential density units/per acre. The resulting zone district maximum residential unit figures are then aggregated to produce a maximum residential total housing unit opportunity goal number that can theoretically be obtained based on currently allowed zoning maximum residential densities. The results of these calculations are displayed in the following chart: Zone District Standard Lot Density Units/Acre Acreage Total Units R-1-A 9 71.625 644 R-1-B 10 19.997 199 R-1-C 13 121.468 1,579 R-2-A 30 25.439 763 R-2-B 41 114.104 4,678 MU-R-3-A 41 17.141 702 MU-R-3-B 44 26.406 1,161 MU-B-1 100 89.326 8,932 MU-B-2 100 55.285 5,528 PUD (11) # of Units Approved 37.343 594 578.134 24,780 The maximum allowed residential density for the Englewood potential transit-oriented community parcels is 24,780, which exceeds the housing opportunity goal by 1,467 units (6.3%). Page 132 of 340 6 CONCLUSION: The City of Englewood will likely not need to adjust current zoning or residential densities within the designated housing opportunity goal transit area. However, the city does have a number of decisions to consider. The Transit-Oriented Communities legislation provides cities with significant flexibility in determining the boundaries of city-designated transit centers within the housing opportunity goal transit areas. In determining the boundaries of city-designated transit centers, the city must ensure that residential zoning densities match or exceed the housing opportunity goal number. These transit centers must allow at least 15 dwelling units per acre and allow administrative approval of residential projects, among other criteria. In determining the boundaries of the city-designated transit centers, the following options may be considered: x Choosing to treat specific CityCenter properties owned by the city as non-exempt properties to be included as part of the city-designated transit centers. x Choosing to treat specific industrially-zoned properties as non-exempt through the allowance of residential housing as a use by right for portions of industrial zone districts located within the Englewood Station and Oxford Station light rail transit half-mile radius area. Choosing to include CityCenter properties as part of the city-designated transit centers is consistent with the city’s prior transit-oriented redevelopment planning for CityCenter. The Englewood community may also find that choosing to include portions of industrial- zoned areas as part of the city-designated transit centers may be preferred over the inclusion of single-unit residentially-zoned areas. The city has approved a number of residential planned unit developments located within industrial zoning districts within walking distance of the Englewood and Oxford light rail stations. The city also has the option of including areas located outside of the mandated housing opportunity goal transit area for consideration as additional city-designated transit center or neighborhood areas. The Transit-Oriented Communities legislation may also provide the following benefits to the city: x Eligibility for award of planning and infrastructure grants. x Eligibility for award of additional low-income housing tax credits to affordable housing projects. x Structural guidance and assistance in the development of affordable housing, land use, and zoning policies. Page 133 of 340 7 COUNCIL ACTION REQUESTED: Staff will provide a summary of Colorado HB2024-1313: Transit-Oriented Communities, followed by an opportunity for council questions and discussion. FINANCIAL IMPLICATIONS: Financial implications associated with this legislation will be explored as state agencies offer more specific details on grant and other funding programs. CONNECTION TO STRATEGIC PLAN: Colorado HB2024-1313: Transit-Oriented Communities addresses the following strategic plan goals: Transportation x Ensure access and increased opportunities for multi-modal transportation. x Invest in maintaining transportation infrastructure and modifying it. x Increase access to multi-modal transportation options and ensuring most needs are met within a travel distance of 15 minutes. Community Wellbeing x Explore and implement opportunities to increase affordable housing opportunities in Englewood. OUTREACH/COMMUNICATIONS: No outreach or communications have been conducted regarding recently enacted Colorado HB2024-1313: Transit-Oriented Communities. ATTACHMENTS: Attachment #1 – HB2024-1313 Transit-Oriented Communities (Signed) Attachment #2 – Staff presentation Page 134 of 340 HOUSE BILL 24-1313 BY REPRESENTATIVE(S) Woodrow and Jodeh, Bacon, Boesenecker, deGruy Kennedy, Epps, Froelich, Garcia, Hernandez, Herod, Kipp, Lindsay, Lindstedt, Mabrey, McCormick, Parenti, Rutinel, Sirota, Story, Valdez, Vigil, McCluskie, English, Ortiz, Titone, Weissman, Willford; also SENATOR(S) Hansen and Winter F., Cutter, Hinrichsen, Priola. CONCERNING MEASURES TO INCREASE THE AFFORDABILITY OF HOUSING IN TRANSIT-ORIENTED COMMUNITIES, AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add article 37 to title 29 as follows: ARTICLE 37 State Land Use Criteria For Strategic Growth PART 1 DEFINITIONS 29-37-101. Short title. THE SHORT TITLE OF THIS ARTICLE 37 IS THE "STATE LAND USE CRITERIA FOR STRATEGIC GROWTH ACT". Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. Page 135 of 340 29-37-102. Legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT: (a) SINCE THE "LOCAL GOVERNMENT LAND USE CONTROL ENABLING ACT OF 1974", ARTICLE 20 OF TITLE 29, WAS ADOPTED, COLORADO'S POPULATION HAS MORE THAN DOUBLED, WITH THE STATE GROWING AT TWICE THE NATIONAL RATE BETWEEN 2010 AND 2020; (b) THE COLORADO STATE DEMOGRAPHY OFFICE ESTIMATES THAT COLORADO WILL ADD ONE MILLION SEVEN HUNDRED THOUSAND TWO HUNDRED PEOPLE BY 2050, BRINGING COLORADO'S POPULATION TO NEARLY SEVEN MILLION FIVE HUNDRED THOUSAND. THE NEED FOR HOUSING FOR THE GROWING POPULATION IS AN ISSUE THAT AFFECTS ALL COLORADO COMMUNITIES REGARDLESS OF REGION OR SIZE. IN A BIPARTISAN POLL CONDUCTED BY THE COLORADO POLLING INSTITUTE IN NOVEMBER 2023, COLORADO VOTERS LISTED HOUSING AFFORDABILITY AS ONE OF THEIR TOP FIVE ISSUES FOR THE COLORADO STATE GOVERNMENT TO ADDRESS. THEREFORE, IT IS CRITICAL TO ADDRESS THE COST AND AVAILABILITY OF HOUSING ACROSS THE STATE TO ADDRESS HISTORIC POPULATION GROWTH. (c) IN EXPERIENCING SIGNIFICANT POPULATION GROWTH AT A TIME OF INCREASED VEHICLE OWNERSHIP AND COMMUTE TIMES, THE SUPPLY AND AFFORDABILITY OF HOUSING IN ONE COMMUNITY AFFECTS THE RESOURCES OF NEIGHBORING COMMUNITIES. COLORADO'S NEED FOR HOUSING IMPACTS THE STATE'S TRANSIT, TRANSPORTATION, EMPLOYMENT, ECONOMY, ENERGY, WATER, AND INFRASTRUCTURE AND REQUIRES INNOVATIVE, COLLABORATIVE SOLUTIONS. (d) COLORADO'S HOUSING SUPPLY HAS NOT KEPT PACE WITH POPULATION GROWTH IN THE STATE. BETWEEN 2010 AND 2020, COLORADO ADDED ONE HUNDRED TWENTY-SIX THOUSAND FEWER HOUSING UNITS THAN IN THE PRIOR DECADE, DESPITE COLORADO'S POPULATION INCREASING BY A SIMILAR AMOUNT IN EACH DECADE. THE STATE DEMOGRAPHER ESTIMATES THAT BETWEEN APPROXIMATELY SIXTY-FIVE THOUSAND AND NINETY THOUSAND HOUSING UNITS ARE NEEDED TO KEEP PACE WITH COLORADO'S CURRENT POPULATION GROWTH. (e) ACROSS THE STATE, COLORADO NEEDS MORE HOUSING URGENTLY TO SUPPORT OUR GROWING WORKFORCE, AND HOUSING OPPORTUNITIES ARE NEEDED ACROSS ALL INCOME LEVELS. ADDRESSING THE PAGE 2-11OUSE BILL 24-1313 Page 136 of 340 CRITICAL ISSUE OF COST AND AVAILABILITY OF HOUSING REQUIRES MAINTAINING AND EXPANDING ACCESS TO AFFORDABLE AND ATTAINABLE HOUSING BY REMOVING BARRIERS TO AND EXPEDITING NEW HOUSING OPPORTUNITIES FOR EVERY COMMUNITY, ESPECIALLY NEAR TRANSIT. AS HOUSING RENTS AND PRICES HAVE INCREASED FASTER THAN WAGES ACROSS THE STATE, INDIVIDUAL HOUSEHOLDS ARE EXPERIENCING DISPLACEMENT FROM HOMES THEY COULD ONCE AFFORD AND HAVING TO LIVE FARTHER FROM WORK WITH INCREASED COMMUTE TIMES. AS STATE AND LOCAL GOVERNMENTS SEEK TO INCREASE HOUSING OPTIONS AND ADDRESS AFFORDABILITY FOR RESIDENTS, IT IS ESSENTIAL TO PROVIDE SOLUTIONS THAT INCORPORATE TRANSIT NEEDS AS WELL. (f) BETWEEN 2010 AND 2021, THE PERCENTAGE OF COLORADANS MAKING LESS THAN SEVENTY-FIVE THOUSAND DOLLARS A YEAR WHO WERE HOUSING COST-BURDENED, MEANING THEY SPEND MORE THAN THIRTY PERCENT OF THEIR INCOME ON HOUSING NEEDS, INCREASED FROM FIFTY-FOUR PERCENT TO SIXTY-ONE PERCENT, AND, FOR RENTERS MAKING LESS THAN SEVENTY-FIVE THOUSAND DOLLARS A YEAR, THAT PERCENTAGE INCREASED FROM FIFTY-NINE PERCENT TO SEVENTY-THREE PERCENT, ACCORDING TO THE AMERICAN COMMUNITY SURVEY; (g) NATIONALLY, CITIES WITH THE HIGHEST HOUSING COSTS AND LOWEST VACANCY RATES EXPERIENCE THE HIGHEST RATES OF HOMELESSNESS, ACCORDING TO A REPORT BY THE URBAN INSTITUTE, "UNSHELTERED HOMELESSNESS: TRENDS, CHARACTERISTICS, AND HOMELESS I I ISTORIES". THESE INDICATORS EXPLAIN A GREATER PORTION OF THE VARIATION IN REGIONAL RATES OF HOMELESSNESS THAN OTHER COMMONLY ASSUMED FACTORS, SUCH AS POVERTY RATE, SUBSTANCE USE, OR MENTAL ILLNESS, ACCORDING TO A STUDY IN THE EUROPEAN JOURNAL OF HOUSING POLICY, "THE ECONOMICS OF HOMELESSNESS: THE EVIDENCE FROM NORTH AMERICA". (h) I IOUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING SUPPLY IS RESTRICTED BY LOCAL LAND USE REGULATIONS IN A METROPOLITAN REGION, ACCORDING TO STUDIES SUCH AS THE NATIONAL BUREAU OF ECONOMIC RESEARCH WORKING PAPERS "REGULATION AND HOUSING SUPPLY" AND "THE IMPACT OF ZONING ON HOUSING AFFORDABILITY". INCREASING HOUSING SUPPLY MODERATES PRICE INCREASES AND IMPROVES HOUSING AFFORDABILITY ACROSS ALL INCOMES, ACCORDING TO STUDIES SUCH AS "THE ECONOMIC IMPLICATIONS OF HOUSING SUPPLY", IN THE PAGE 3-HOUSE BILL 24-1313 Page 137 of 340 JOURNAL OF ECONOMIC PERSPECTIVES, AND "SUPPLY SKEPTICISM: HOUSING SUPPLY AND AFFORDABILITY", IN THE JOURNAL HOUSING POLICY DEBATE. (i) RESEARCHERS HAVE FOUND SUBSTANTIAL EVIDENCE THAT NEW HOUSING CONSTRUCTION ENABLES HOUSEHOLDS TO MOVE WITHIN A REGION, OPENS UP HOUSING OPTIONS FOR MORE DIVERSE INCOME LEVELS, AND PROMOTES COMPETITION THAT LIMITS HOUSING COST INCREASES, ACCORDING TO THE NEW YORK UNIVERSITY LAW AND ECONOMICS RESEARCH PAPER "SUPPLY SKEPTICISM REVISITED". WHILE NEW HOUSING SUPPLY CAN RARELY MEET THE NEEDS OF THE LOWEST INCOME HOUSEHOLDS, ENABLING NEW HOUSING SUPPLY CAN MODERATE PRICE INCREASES AND REDUCE THE NUMBER OF HOUSEHOLDS THAT NEED SUBSIDIES TO AFFORD HOUSING. RESIDENT OPPOSITION FREQUENTLY LIMITS NEW HOUSING DEVELOPMENT IN EXISTING COMMUNITIES AND EITHER LEADS TO LESS HOUSING PRODUCTION AND INCREASED HOUSING COSTS OR PUSHES HOUSING DEVELOPMENT TO GREENFIELD AREAS WHERE THERE ARE FEWER NEIGHBORS BUT GREATER ENVIRONMENTAL AND FISCAL COSTS. 29-37-103. Definitions. AS USED IN THIS ARTICLE 37, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "ACCESSIBLE UNIT" MEANS A HOUSING UNIT THAT: (a) SATISFIES THE REQUIREMENTS OF THE FEDERAL "FAIR HOUSING ACT", 42 U.S.C. SEC. 3601 ET SEQ., AS AMENDED; (b) INCORPORATES UNIVERSAL DESIGN; OR (C) IS A TYPE A DWELLING UNIT, AS DEFINED IN SECTION 9-5-101 (10); A TYPE A MULTISTORY DWELLING UNIT, AS DEFINED IN SECTION 9-5-101 (11); A TYPE B DWELLING UNIT, AS DEFINED IN SECTION 9-5-101 (12); OR A TYPE B MULTISTORY DWELLING UNIT, AS DEFINED IN SECTION 9-5-101 (13). (2) (a) "ADMINISTRATIVE APPROVAL PROCESS" MEANS A PROCESS IN WHICH: (I) A DEVELOPMENT PROPOSAL FOR A SPECIFIED PROJECT IS APPROVED, APPROVED WITH CONDITIONS, OR DENIED BY LOCAL GOVERNMENT ADMINISTRATIVE STAFF BASED SOLELY ON ITS COMPLIANCE PAGE 4-HOUSE BILL 24-1313 Page 138 of 340 WITH OBJECTIVE STANDARDS SET FORTH IN LOCAL LAWS; AND (II) DOES NOT REQUIRE, AND CANNOT BE ELEVATED TO REQUIRE, A PUBLIC HEARING, A RECOMMENDATION, OR A DECISION BY AN ELECTED OR APPOINTED PUBLIC BODY OR A HEARING OFFICER. (b) NOTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, AN ADMINISTRATIVE APPROVAL PROCESS MAY REQUIRE AN APPOINTED HISTORIC PRESERVATION COMMISSION TO MAKE A DECISION, OR TO MAKE A RECOMMENDATION TO LOCAL GOVERNMENT ADMINISTRATIVE STAFF, REGARDING A DEVELOPMENT APPLICATION INVOLVING A PROPERTY THAT THE LOCAL GOVERNMENT HAS DESIGNATED AS A HISTORIC PROPERTY, PROVIDED THAT: (I) THE STATE HISTORIC PRESERVATION OFFICE WITHIN HISTORY COLORADO HAS DESIGNATED THE LOCAL GOVERNMENT AS A CERTIFIED LOCAL GOVERNMENT; AND (II) THE APPOINTED HISTORIC PRESERVATION COMMISSION'S DECISION OR RECOMMENDATION IS BASED ON STANDARDS EITHER SET FORTH IN LOCAL LAW OR ESTABLISHED BY THE SECRETARY OF THE INTERIOR OF THE UNITED STATES. (3) "APPLICABLE TRANSIT PLAN" MEANS A PLAN OF A TRANSIT AGENCY WHOSE SERVICE TERRITORY IS WITHIN A METROPOLITAN PLANNING ORGANIZATION, INCLUDING A SYSTEM OPTIMIZATION PLAN OR A TRANSIT MASTER PLAN THAT: (a) HAS BEEN APPROVED BY THE GOVERNING BODY OF A TRANSIT AGENCY ON OR AFTER JANUARY 1, 2019, AND ON OR BEFORE JANUARY 1, 2024; (b) IDENTIFIES THE PLANNED FREQUENCY AND SPAN OF SERVICE FOR TRANSIT SERVICE OR SPECIFIC TRANSIT ROUTES; AND (C) IDENTIFIES SPECIFIC TRANSIT ROUTES FOR SHORT-TERM IMPLEMENTATION ACCORDING TO THAT PLAN, OR IMPLEMENTATION BEFORE JANUARY 1, 2030. (4) "BUS RAPID TRANSIT SERVICE" MEANS A TRANSIT SERVICE: PAGE 5-HOUSE BILL 24-1313 Page 139 of 340 (a) THAT IS IDENTIFIED AS BUS RAPID TRANSIT BY A TRANSIT AGENCY, IN A METROPOLITAN PLANNING ORGANIZATION'S FISCALLY CONSTRAINED LONG RANGE TRANSPORTATION PLAN OR IN AN APPLICABLE TRANSIT PLAN; AND (b) THAT TYPICALLY INCLUDES ANY NUMBER OF THE FOLLOWING: (I) SERVICE THAT IS SCHEDULED TO RUN EVERY FIFTEEN MINUTES OR LESS DURING THE HIGHEST FREQUENCY SERVICE HOURS; (II) DEDICATED LANES OR BUSWAYS; (III) TRAFFIC SIGNAL PRIORITY; (IV) OFF-BOARD FARE COLLECTION; (V) ELEVATED PLATFORMS; OR (VI) ENHANCED STATIONS. (5) "COMMUTER BUS RAPID TRANSIT SERVICE" MEANS A BUS RAPID TRANSIT SERVICE THAT OPERATES FOR A MAJORITY OF ITS ROUTE ON A FREEWAY WITH ACCESS THAT IS LIMITED TO GRADE-SEPARATED INTERCHANGES. (6) "COMMUTER RAIL" MEANS A PASSENGER RAIL TRANSIT SERVICE BETWEEN AND WITHIN METROPOLITAN AND SUBURBAN AREAS. (7) "COUNTY" MEANS A COUNTY INCLUDING A HOME RULE COUNTY, BUT EXCLUDING A CITY AND COUNTY. (8) "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS. (9) "DISPLACEMENT" MEANS: (a) THE INVOLUNTARY RELOCATION OF RESIDENTS, PARTICULARLY LOW-INCOME RESIDENTS, OR LOCALLY-OWNED COMMUNITY-SERVING BUSINESSES AND INSTITUTIONS DUE TO: (I) INCREASED REAL ESTATE PRICES, RENTS, PROPERTY PAGE 6-HOUSE BILL 24-1313 Page 140 of 340 REHABILITATION, REDEVELOPMENT, DEMOLITION, OR OTHER ECONOMIC FACTORS; (II) PHYSICAL CONDITIONS RESULTING FROM NEGLECT AND UNDERINVESTMENT THAT RENDER A RESIDENCE UNINHABITABLE; OR (III) PHYSICAL DISPLACEMENT WHEREIN EXISTING HOUSING UNITS AND COMMERCIAL SPACES ARE LOST DUE TO PROPERTY REHABILITATION, REDEVELOPMENT, OR DEMOLITION; (b) INDIRECT DISPLACEMENT RESULTING FROM CHANGES IN NEIGHBORHOOD POPULATION, IF, WHEN LOW-INCOME HOUSEHOLDS MOVE OUT OF HOUSING UNITS, THOSE SAME HOUSING UNITS DO NOT REMAIN AFFORDABLE TO OTHER LOW-INCOME HOUSEHOLDS IN THE NEIGHBORHOOD, OR DEMOGRAPHIC CHANGES THAT REFLECT THE RELOCATION OF EXISTING RESIDENTS FOLLOWING WIDESPREAD RELOCATION OF THEIR COMMUNITY AND COMMUNITY-SERVING ENTITIES. (10) "LIGHT RAIL" MEANS A PASSENGER RAIL TRANSIT SERVICE THAT USES ELECTRICALLY POWERED RAIL-BORNE CARS. (11) "LOCAL GOVERNMENT" MEANS A MUNICIPALITY, COUNTY, OR TRIBAL NATION WITH JURISDICTION IN COLORADO. (12) "LOCAL LAW" MEANS ANY CODE, LAW, ORDINANCE, POLICY, REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT GOVERNS THE DEVELOPMENT AND USE OF LAND, INCLUDING BUT NOT LIMITED TO LAND USE CODES, ZONING CODES, AND SUBDIVISION CODES. (13) "METROPOLITAN PLANNING ORGANIZATION" MEANS A METROPOLITAN PLANNING ORGANIZATION UNDER THE "FEDERAL TRANSIT ACT OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED. (14) "MUNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY OR TOWN, TERRITORIAL CHARTER CITY OR TOWN, OR CITY AND COUNTY. (15) "OBJECTIVE STANDARD" MEANS A STANDARD THAT: (a) IS A DEFINED BENCHMARK OR CRITERION THAT ALLOWS FOR DETERMINATIONS OF COMPLIANCE TO BE CONSISTENTLY DECIDED PAGE 7-HOUSE BILL 24-1313 Page 141 of 340 REGARDLESS OF THE DECISION MAKER; AND (b) DOES NOT REQUIRE A SUBJECTIVE DETERMINATION CONCERNING A DEVELOPMENT PROPOSAL, INCLUDING BUT NOT LIMITED TO WHETHER THE APPLICATION FOR THE DEVELOPMENT PROPOSAL IS: (I) CONSISTENT WITH MASTER PLANS, OR OTHER DEVELOPMENT PLANS; (II) COMPATIBLE WITH THE LAND USE OR DEVELOPMENT OF THE AREA SURROUNDING THE AREA DESCRIBED IN THE APPLICATION; OR (III) CONSISTENT WITH PUBLIC WELFARE, COMMUNITY CHARACTER, OR NEIGHBORHOOD CHARACTER. (16) "REGULATED AFFORDABLE HOUSING" MEANS AFFORDABLE HOUSING THAT: (a) HAS RECEIVED LOANS, GRANTS, EQUITY, BONDS, OR TAX CREDITS FROM ANY SOURCE TO SUPPORT THE CREATION, PRESERVATION, OR REHABILITATION OF AFFORDABLE HOUSING THAT, AS A CONDITION OF FUNDING, ENCUMBERS THE PROPERTY WITH A RESTRICTED USE COVENANT OR SIMILAR RECORDED AGREEMENT TO ENSURE AFFORDABILITY, OR HAS BEEN INCOME-RESTRICTED UNDER A LOCAL INCLUSIONARY ZONING ORDINANCE OR OTHER REGULATION OR PROGRAM; (b) RESTRICTS OR LIMITS MAXIMUM RENTAL OR SALE PRICE FOR HOUSEHOLDS OF A GIVEN SIZE AT A GIVEN AREA MEDIAN INCOME, AS ESTABLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND (C) ENSURES OCCUPANCY BY LOW- TO MODERATE-INCOME HOUSEHOLDS FOR A SPECIFIED PERIOD DETAILED IN A RESTRICTIVE USE COVENANT OR SIMILAR RECORDED AGREEMENT. (17) "UNIVERSAL DESIGN" MEANS ANY DWELLING UNIT DESIGNED AND CONSTRUCTED TO BE SAFE AND ACCESSIBLE FOR ANY INDIVIDUAL REGARDLESS OF AGE OR ABILITIES. (18) "URBAN BUS RAPID TRANSIT SERVICE" MEANS A BUS RAPID PAGE 8-HOUSE BILL 24-1313 Page 142 of 340 TRANSIT SERVICE THAT OPERATES ON A SURFACE STREET FOR THE MAJORITY OF ITS ROUTE. (19) "VISITABLE UNIT" MEANS A DWELLING UNIT THAT A PERSON WITH A DISABILITY CAN ENTER, MOVE AROUND THE PRIMARY ENTRANCE FLOOR OF, AND USE THE BATHROOM IN. PART 2 TRANSIT-ORIENTED COMMUNITIES 29-37-201. Legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT: (a) MULTIFAMILY HOUSING IS TYPICALLY MORE AFFORDABLE THAN SINGLE-UNIT DWELLINGS. ACCORDING TO THE AMERICAN COMMUNITY SURVEY, COLORADO MULTIFAMILY UNITS COST BETWEEN FOURTEEN AND FORTY-THREE PERCENT LESS TO RENT IN 2019, DEPENDING ON THE SIZE OF THE BUILDING, COMPARED TO SINGLE-UNIT DETACHED DWELLINGS. (b) ALLOWING HIGHER DENSITY RESIDENTIAL DEVELOPMENT IS IMPORTANT FOR THE COST EFFECTIVENESS AND AVAILABILITY OF AFFORDABLE HOUSING. AN ANALYSIS OF OVER SIXTY AFFORDABLE HOUSING PROJECTS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN TRANSIT-ORIENTED AREAS IN COLORADO SINCE 2010 FOUND THAT HALF WERE DEVELOPED AT OVER FIFTY UNITS PER ACRE, AND TWENTY PERCENT WERE OVER ONE HUNDRED UNITS PER ACRE. (c) THROUGHOUT COLORADO, LESS THAN HALF OF AVAILABLE ZONING CAPACITY IS TYPICALLY UTILIZED, AND GREATER UTILIZATION OF ZONING CAPACITY IS NECESSARY TO MEET ANTICIPATED HOUSING NEEDS. NUMEROUS FACTORS CURRENTLY PREVENT DEVELOPMENT FROM FULLY UTILIZING AVAILABLE ZONING CAPACITY AND ALLOWED DENSITIES, INCLUDING SITE LEVEL CONSTRAINTS, FINANCIAL FEASIBILITY AND DEMAND, AND LANDOWNERS' WILLINGNESS TO SELL OR REDEVELOP. (d) COLORADO HAS INVESTED SIGNIFICANTLY IN PUBLIC TRANSIT IN THE LAST SEVERAL DECADES, FUNDING OVER SIX BILLION DOLLARS ACROSS EIGHTY-FIVE MILES OF NEW RAIL LINES. THE INVESTMENTS WILL CONTINUE IN THE COMING YEARS WITH NEW BUS RAPID TRANSIT AND RAIL SYSTEMS ALONG THE FRONT RANGE. DESPITE THESE INVESTMENTS, TRANSIT PAGE 9-HOUSE BILL 24-1313 Page 143 of 340 RIDERSHIP LAGS BEHIND PEER AGENCIES AROUND THE COUNTRY, DUE AT LEAST IN PART TO A LACK OF DENSITY NEAR THESE TRANSIT LINES. BEFORE THE COVID-19 PANDEMIC, THE REGIONAL TRANSPORTATION DISTRICT HAD TWO AND THREE-TENTHS RIDES PER VEHICLE REVENUE MILE ON THEIR RAIL SYSTEM, COMPARED TO OVER FOUR RIDES PER VEHICLE REVENUE MILE FOR AGENCIES IN MINNEAPOLIS AND PORTLAND AND OVER EIGHT RIDES PER VEHICLE REVENUE MILE IN SEATTLE, ACCORDING TO DATA FROM THE FEDERAL TRANSIT ADMINISTRATION'S NATIONAL TRANSIT DATABASE. (e) ALLOWING HIGHER DENSITY RESIDENTIAL DEVELOPMENT NEAR TRANSIT IS IMPORTANT FOR INCREASING TRANSIT RIDERSHIP AND IMPROVING THE COST EFFECTIVENESS OF TRANSIT SERVICES. RESEARCHERS HAVE FOUND THAT HIGHER BUILT GROSS DENSITIES CITYWIDE INCREASE COST-EFFECTIVENESS FOR LIGHT RAIL AND BUS RAPID TRANSIT SERVICES, AS DESCRIBED IN THE ARTICLE, "COST OF A RIDE: THE EFFECTS OF DENSITIES ON FIXED-GUIDEWAY TRANSIT RIDERSHIP AND COSTS" BY ERICK GUERRA AND ROBERT CERVERO. (f) MOST LIGHT AND COMMUTER RAIL STATIONS AND FREQUENT BUS CORRIDORS IN COLORADO HAVE LOWER HOUSING UNIT DENSITY THAN IS NECESSARY TO SUPPORT FREQUENT TRANSIT. BASED ON 2020 CENSUS BLOCK HOUSING UNIT DATA, OVER NINETY PERCENT OF RAIL STATIONS AND EIGHTY-FOUR PERCENT OF BUS RAPID TRANSIT AND FREQUENT BUS CORRIDORS IN COLORADO HAVE LESS THAN FIFTEEN HOUSING UNITS PER ACRE ON AVERAGE WITHIN WALKING DISTANCE. RESEARCHERS HAVE GENERALLY FOUND A MINIMUM OF FIFTEEN HOUSING UNITS PER ACRE OF BUILT DENSITY IS NEEDED TO SUPPORT FREQUENT TRANSIT. (g) LIVING NEAR TRANSIT, JOBS, AND SERVICES ENABLES HOUSEHOLDS TO ALSO SAVE ON TRANSPORTATION COSTS BY OWNING FEWER VEHICLES AND REDUCING FUEL CONSUMPTION. COLORADANS COMMUTE OVER FIFTY MINUTES TO AND FROM WORK ON AVERAGE, ACCORDING TO THE LATEST AMERICAN COMMUNITY SURVEY'S FIVE YEAR ESTIMATES. ANALYSES OF TRANSIT-ORIENTED COMMUNITIES HAVE FOUND THAT RESIDENTS TAKE AN AVERAGE OF FORTY-FOUR PERCENT FEWER VEHICLE TRIPS, ACCORDING TO THE ARTICLE "VEHICLE TRIP REDUCTION IMPACTS OF TRANSIT-ORIENTED HOUSING" IN THE JOURNAL OF PUBLIC TRANSPORTATION. (h) IN COLORADO, HOUSEHOLDS IN MORE DENSE AREAS, WHICH ARE PAGE 10-HOUSE BILL 24-1313 Page 144 of 340 DEFINED AS CENSUS TRACTS WITH MORE THAN FOUR THOUSAND UNITS PER SQUARE MILE OR ABOUT FIFTEEN UNITS PER ACRE, DRIVE TWENTY PERCENT LESS THAN THE STATE AVERAGE, AND HIGHER DENSITY AREAS, CENSUS TRACTS WITH MORE THAN TEN THOUSAND UNITS PER SQUARE MILE OR ABOUT FORTY UNITS PER ACRE, DRIVE FORTY PERCENT LESS THAN THE STATE AVERAGE, ACCORDING TO DATA FROM THE 2017 NATIONAL HOUSEHOLD TRAVEL SURVEY; (i) HIGH TRANSPORTATION COSTS IMPACT LOW-INCOME HOUSEHOLDS IN PARTICULAR. HOUSEHOLDS MAKING LESS THAN FORTY THOUSAND DOLLARS PER YEAR IN THE WESTERN UNITED STATES ARE SPENDING OVER TWENTY-FOUR PERCENT OF THEIR INCOME ON TRANSPORTATION, WHEN SPENDING MORE THAN FIFTEEN PERCENT OF INCOME ON TRANSPORTATION IS CONSIDERED COST BURDENED, ACCORDING TO DATA FROM THE BUREAU OF LABOR STATISTICS CONSUMER EXPENDITURE SURVEYS. (j) IN ADDITION TO SAVING ON TRANSPORTATION COSTS BY LIVING NEAR TRANSIT, OWNING FEWER VEHICLES AND TRAVELING TO WORK AND ACCESSING SERVICES WITHOUT DRIVING OR DRIVING LESS REDUCES GREENHOUSE GAS EMISSIONS AND AIR POLLUTION, WHICH IMPACTS AIR QUALITY NOT JUST IN TRANSIT-ORIENTED COMMUNITIES BUT IN GREATER REGIONS ACROSS THE STATE; (k) IN COLORADO, HOUSEHOLD ENERGY DEMAND ON AVERAGE IS SEVENTY PERCENT LESS FOR MULTIFAMILY HOUSING COMPARED TO SINGLE-UNIT DETACHED DWELLINGS, ACCORDING TO THE NATIONAL RENEWABLE ENERGY LABORATORY RESTOCK ANALYSIS TOOL; (1) SCENARIOS ANALYZED FOR THE "COLORADO WATER AND GROWTH DIALOGUE FINAL REPORT" WITH HIGHER PERCENTAGE OF FUTURE HOUSING SHIFTING TO HIGHER DENSITIES WERE ESTIMATED TO ACHIEVE A TOTAL DECREASE IN WATER DEMAND BETWEEN FOUR AND EIGHT TENTHS PERCENT AND NINETEEN AND FOUR TENTHS PERCENT; (m) NATIONAL STUDIES, SUCH AS THE ARTICLE "RELATIONSHIPS BETWEEN DENSITY AND PER CAPITA MUNICIPAL SPENDING IN THE UNITED STATES", PUBLISHED IN URBAN SCIENCE, HAVE FOUND THAT LOWER DENSITY COMMUNITIES HAVE HIGHER GOVERNMENT CAPITAL AND MAINTENANCE COSTS FOR WATER, SEWER, AND TRANSPORTATION INFRASTRUCTURE AND LOWER PROPERTY AND SALES TAX REVENUE. THESE PAGE 11-HOUSE BILL 24-1313 Page 145 of 340 INCREASED COSTS ARE OFTEN BORNE BY BOTH STATE AND LOCAL GOVERNMENTS. (n) A STUDY FOR A MUNICIPALITY IN COLORADO FOUND THAT DOUBLING THE AVERAGE RESIDENTIAL DENSITY FOR FUTURE GROWTH WOULD SAVE THIRTY-ONE PERCENT IN CAPITAL AND MAINTENANCE COSTS OVER TWENTY YEARS; (o) ACCORDING TO A 2022 ARTICLE TITLED "DOES DISCRETION DELAY DEVELOPMENT?" IN THE JOURNAL OF THE AMERICAN PLANNING ASSOCIATION, RESIDENTIAL PROJECTS USING ADMINISTRATIVE APPROVAL PROCESSES ARE APPROVED TWENTY-EIGHT PERCENT FASTER THAN THOSE USING DISCRETIONARY APPROVAL PROCESSES, AND FASTER APPROVAL TIMES REDUCE DEVELOPER COSTS AND THEREFORE HOUSING COSTS. STUDIES HAVE SHOWN THAT HOMEBUILDERS, INCLUDING AFFORDABLE HOUSING DEVELOPERS, WILL AVOID PARCELS THAT NEED TO GO THROUGH A DISCRETIONARY PROCESS. (p) COMMUNITY OPPOSITION TO SPECIFIC AFFORDABLE HOUSING DEVELOPMENTS FREQUENTLY CAUSES DELAYS, INCREASES COSTS, REDUCES THE NUMBER OF HOUSING UNITS DELIVERED, PUSHES SITING OF AFFORDABLE HOUSING TO LESS OPPORTUNITY-RICH AREAS, AND PREVENTS DEVELOPMENTS FROM OCCURRING ALTOGETHER, ACCORDING TO STUDIES SUCH AS "DEMOCRACY IN ACTION? NIMBY AS IMPEDIMENT TO EQUITABLE AFFORDABLE HOUSING SITING" IN THE JOURNAL HOUSING STUDIES; (q) RESEARCHERS HAVE FOUND THAT UPWARD MOBILITY IS SIGNIFICANTLY GREATER IN MORE COMPACT DEVELOPMENT AREAS THAN IN LOW-DENSITY AREAS, PRIMARILY DUE TO BETTER JOB ACCESSIBILITY BY MULTIPLE TRANSPORTATION MODES, ACCORDING TO THE STUDY "DOES URBAN SPRAWL I TOLD DOWN UPWARD MOBILITY?", PUBLISHED IN THE JOURNAL OF LANDSCAPE AND URBAN PLANNING; (r) TRANSIT-ORIENTED DEVELOPMENT, INCLUDING CONNECTING HOUSING OPPORTUNITIES AND SERVICES WITH SAFE MULTIMODAL INFRASTRUCTURE AND PUBLIC TRANSIT, IMPROVES THE ACCESSIBILITY OF CITIES FOR PEOPLE WITH DISABILITIES AND THOSE WITH LIMITED MOBILITY. PEOPLE WITH DISABILITIES ARE MORE LIKELY TO LIVE IN HOUSEHOLDS WITH ZERO CARS, ARE LESS LIKELY TO DRIVE, AND ARE MORE LIKELY TO RELY ON PUBLIC TRANSIT OR PARATRANSIT, ACCORDING TO THE 2017 "NATIONAL PAGE 12-HOUSE BILL 24-1313 Page 146 of 340 HOUSEHOLD TRAVEL SURVEY"; (s) ACCORDING TO THE GREENHOUSE GAS POLLUTION REDUCTION ROADMAP PUBLISHED BY THE COLORADO ENERGY OFFICE, DATED JANUARY 14, 2021, THE TRANSPORTATION SECTOR IS THE SINGLE LARGEST SOURCE OF GREENHOUSE GAS POLLUTION IN COLORADO. NEARLY SIXTY PERCENT OF THE GREENHOUSE GAS EMISSIONS FROM THE TRANSPORTATION SECTOR COME FROM LIGHT-DUTY VEHICLES, WHICH ARE THE MAJORITY OF CARS AND TRUCKS THAT COLORADANS DRIVE EVERY DAY. (t) MOTOR VEHICLE POLLUTION, INCLUDING GREENHOUSE GAS EMISSIONS, DOES NOT STAY WITHIN THE GEOGRAPHIC BOUNDARIES OF THE LOCAL GOVERNMENT WHERE IT IS EMITTED; (u) THE GREENHOUSE GAS TRANSPORTATION PLANNING STANDARD ADOPTED BY THE TRANSPORTATION COMMISSION OF COLORADO IN 2021 SET A STATEWIDE TARGET TO REDUCE TRANSPORTATION GREENHOUSE GAS EMISSIONS THROUGH THE TRANSPORTATION PLANNING PROCESS BY ONE MILLION FIVE HUNDRED THOUSAND TONS BY 2030; AND (v) THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS CLASSIFIED THE DENVER METRO AND NORTH FRONT RANGE AREA AS BEING IN SEVERE NON-ATTAINMENT FOR OZONE AND GROUND LEVEL OZONE, WHICH HAS SERIOUS IMPACTS ON HUMAN HEALTH, PARTICULARLY FOR VULNERABLE POPULATIONS. (2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT: (a) THE CONSEQUENCES OF COMMUNITY OPPOSITION AND LOCAL LAND USE POLICIES THAT LIMIT HOUSING SUPPLY IN TRANSIT-ORIENTED COMMUNITIES IMPACT HOUSING OPTIONS FOR COLORADANS OF LOW AND MODERATE INCOMES AND WORKFORCE HOUSING TO SUPPORT EMPLOYMENT GROWTH. INCREASING HIGHER-DENSITY HOUSING IN TRANSIT-ORIENTED COMMUNITIES ENSURES STABLE QUANTITY AND QUALITY OF HOUSING FOR EVERYONE AND CORRECTS POLICIES THAT PERPETUATE SEGREGATED AND UNEQUAL COMMUNITIES, REDUCED MOBILITY AND LONG COMMUTES, REDUCED OPTIONS FOR OLDER ADULTS TO AGE IN THEIR COMMUNITY OF CHOICE, LOSS OF OPEN SPACE AND AGRICULTURAL LAND, HIGH WATER USAGE, AND INCREASED GREENHOUSE GAS AND AIR POLLUTION. PAGE 13-HOUSE BILL 24-1313 Page 147 of 340 (b) THERE IS AN EXTRATERRITORIAL IMPACT WHEN LOCAL GOVERNMENTS RESTRICT HOUSING DEVELOPMENT WITHIN THEIR JURISDICTIONS. THE CALL FOR JOB GROWTH IN ONE COMMUNITY THAT DOES NOT ALSO ADDRESS THE NEED FOR ADDITIONAL HOUSING AFFECTS THE DEMAND OF HOUSING DEVELOPMENT IN NEIGHBORING JURISDICTIONS. IN COLORADO, THE NUMBER OF JOBS WITHIN LARGE MUNICIPALITIES IS GENERALLY CORRELATED TO THE MUNICIPALITY'S TRANSIT SERVICE, AND RESEARCH HAS SHOWN THAT REGIONAL IMBALANCES BETWEEN JOBS AND HOUSING HAVE A SIGNIFICANT IMPACT ON VEHICLE MILES TRAVELED AND COMMUTE TIMES ACROSS JURISDICTIONS, ACCORDING TO STUDIES SUCH AS "WHICH REDUCES VEHICLE TRAVEL MORE: JOBS-HOUSING BALANCE OR RETAIL-HOUSING MIXING?", PUBLISHED IN THE JOURNAL OF THE AMERICAN PLANNING ASSOCIATION. WHEN PEOPLE ARE UNABLE TO LIVE NEAR WHERE THEY WORK, WORKERS HAVE NO OPTIONS BUT TO SPEND MORE HOURS ON THE ROAD COMMUTING TO AND FROM WORK. THE LONGER COMMUTE INCREASES VEHICLE TRAFFIC AND PUTS ADDITIONAL STRAIN ON COLORADO'S ROADS AND INCREASES POLLUTION. (C) THE AVAILABILITY OF AFFORDABLE HOUSING IS A MATTER OF MIXED STATEWIDE AND LOCAL CONCERN. THEREFORE, IT IS THE INTENT OF THE GENERAL ASSEMBLY IN ENACTING THIS PART 2 TO: (I) PROVIDE FUNDING FOR INFRASTRUCTURE AND AFFORDABLE HOUSING TO SUPPORT LOCAL GOVERNMENTS WHOSE ZONING DOES MEET THE GOALS OF THIS PART 2, AND TO ENCOURAGE MORE DENSE MULTIFAMILY HOUSING DEVELOPMENT PROJECTS THAT CAN ADDRESS THE STATE'S HOUSING SHORTAGE FOR ALL PARTS OF THE INCOME SPECTRUM, AND SUPPORT MORE FISCALLY AND ENVIRONMENTALLY SUSTAINABLE DEVELOPMENT PATTERNS; (II) IMPROVE REGIONAL COLLABORATION AND OUTCOMES BY REDUCING THE ABILITY OF INDIVIDUAL LOCAL GOVERNMENTS' LAND USE RESTRICTIONS TO NEGATIVELY INFLUENCE REGIONAL CONCERNS SUCH AS HOUSING AFFORDABILITY, OPEN SPACE, TRAFFIC, AND AIR POLLUTION; AND (III) COLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING POPULATION AND DEVELOPMENT GROWTH AND ENSURING STABLE QUALITY AND QUANTITY OF HOUSING FOR COLORADANS; AND (d) COLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING POPULATION AND DEVELOPMENT GROWTH AND ENSURING STABLE QUALITY PAGE 14-HOUSE BILL 24-1313 Page 148 of 340 AND QUANTITY OF HOUSING FOR COLORADANS AS THIS IS AMONG THE MOST PRESSING PROBLEMS CURRENTLY FACING COMMUNITIES THROUGHOUT COLORADO. (3) THEREFORE, THE GENERAL ASSEMBLY FINDS, DETERMINES, AND DECLARES THAT THE LACK OF HOUSING SUPPLY AND UNSUSTAINABLE DEVELOPMENT PATTERNS REQUIRE A STATEWIDE SOLUTION THAT ADDRESSES LOCAL GOVERNMENT POLICIES THAT EFFECTIVELY LIMIT THE CONSTRUCTION OF A DIVERSE RANGE OF HOUSING TYPES IN AREAS ALREADY SERVED BY INFRASTRUCTURE OR IN CLOSE PROXIMITY TO JOBS AND PUBLIC TRANSIT, ALONG WITH A LACK OF FUNDING FOR INFRASTRUCTURE AND AFFORDABLE HOUSING NEAR TRANSIT-ORIENTED COMMUNITIES. (4) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT INCREASING HOUSING IN TRANSIT-ORIENTED COMMUNITIES IS A MATTER OF MIXED STATEWIDE AND LOCAL CONCERN. 29-37-202. Definitions. AS USED IN THIS PART 2, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "CERTIFIED TRANSIT-ORIENTED COMMUNITY" MEANS A TRANSIT-ORIENTED COMMUNITY THAT HAS MET THE REQUIREMENTS OF SECTION 29-37-204 (4). (2) "EXEMPT PARCEL" MEANS: (a) ANY PARCEL THAT A TRANSIT-ORIENTED COMMUNITY HAS APPLIED TO THE DEPARTMENT FOR QUALIFICATION AS AN EXEMPT PARCEL BECAUSE THE TRANSIT-ORIENTED COMMUNITY BELIEVES THE PARCEL CANNOT BE DEVELOPED FOR REASONS INCLUDING HEALTH AND SAFETY, TOPOGRAPHY, OR PRACTICAL LIMITATIONS AND FOR WHICH THE DEPARTMENT HAS APPROVED THE TRANSIT-ORIENTED COMMUNITY'S APPLICATION ACCORDING TO A PROCESS ESTABLISHED BY POLICIES AND PROCEDURES DEVELOPED BY THE DEPARTMENT; (b) A PARCEL THAT, AS OF JANUARY 1, 2024, IS NOT SERVED BY A DOMESTIC WATER AND SEWAGE TREATMENT SYSTEM, AS DEFINED IN SECTION 24-65.1-104 (5), IS SERVED BY A WELL THAT IS NOT CONNECTED TO A WATER DISTRIBUTION SYSTEM, AS DEFINED IN SECTION 25-9-102 (6), OR IS SERVED BY A SEPTIC TANK, AS DEFINED IN SECTION 25-10-103 (18); PAGE 15-HOUSE BILL 24-1313 Page 149 of 340 (c) ANY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS LOCATED WITHIN AN UNINCORPORATED AREA AS DEFINED IN SECTION 29-37-202 (12)(d)(II), AND IS SERVED BY A DOMESTIC WATER AND SEWAGE TREATMENT SYSTEM, AS DEFINED IN SECTION 24-65.1-104 (5), THAT IS OWNED BY A MUNICIPALITY; (d) A PARCEL THAT, AS OF JANUARY 1, 2024, IS IN AN AGRICULTURAL, FORESTRY, NATURAL RESOURCE PRESERVATION, OR OPEN SPACE ZONING DISTRICT; (e) A PARCEL THAT, AS OF JANUARY 1, 2024, IS ZONED OR USED PRIMARILY FOR INDUSTRIAL USE, WHICH, FOR PURPOSES OF THIS SUBSECTION (1)(d), MEANS A BUSINESS USE OR ACTIVITY AT A SCALE GREATER THAN HOME INDUSTRY INVOLVING MANUFACTURING, FABRICATION, MINERAL OR GRAVEL EXTRACTION, ASSEMBLY, WAREHOUSING, OR STORAGE, AND PARCELS THAT ARE IDENTIFIED WITHIN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S TOXIC RELEASE INVENTORY; (f) ANY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS IN A FLOODWAY OR IN A ONE HUNDRED-YEAR FLOODPLAIN, AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY; (g) ANY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, IS SUBJECT TO AN EASEMENT FOR A MAJOR ELECTRIC OR NATURAL GAS FACILITY, AS DEFINED IN SECTION 29-20-108 (3); (h) A PARCEL THAT, AS OF JANUARY 1, 2024, IS USED AS A CEMETERY, AS DEFINED IN SECTION 31-25-701 (2); (i) ANY PART OF A PARCEL THAT, AS OF JANUARY 1,2024, IS SUBJECT TO A CONSERVATION EASEMENT; (j) A PARCEL OR EASEMENT THAT, AS OF JANUARY 1, 2024, IS OWNED BY, USED AS, OR OPERATED BY AN AIRPORT; (k) A PUBLIC OR RAILROAD RIGHT-OF-WAY THAT EXISTS AS OF JANUARY 1, 2024; (1) A PARCEL THAT, AS OF JANUARY 1, 2024, IS USED AS A MOBILE HOME PARK, AS DEFINED IN SECTION 38-12-201.5 (6); PAGE 16-HOUSE BILL 24-1313 Page 150 of 340 (m) A PARCEL THAT IS: (I) WITHIN A TRANSIT STATION AREA; (II) SEPARATED BY A STATE-OWNED LIMITED-ACCESS HIGHWAY OR RAILROAD TRACK FROM ALL EXITS TO THE TRANSIT STATION THAT IS USED TO ESTABLISH THE TRANSIT STATION AREA REFERENCED IN SUBSECTION (1)(j)(I) OF THIS SECTION; AND (III) WHOLLY BEYOND AN AREA THAT IS REACHABLE BY A PERSON WALKING A DISTANCE OF NO MORE THAN ONE-HALF MILE FROM THE TRANSIT STATION REFERENCED IN SUBSECTION (1)(j)(II) OF THIS SECTION, AS DESIGNATED BY THE WALKSHED MAP PUBLISHED BY THE DEPARTMENT PURSUANT TO SECTION 29-35-207 (1)(e); (n) A PARCEL THAT, AS OF JANUARY 1, 2024, IS OWNED BY A FEDERAL, STATE, OR LOCAL GOVERNMENT ENTITY; (0) ANY PART OF A PARCEL THAT, AS OF JANUARY 1, 2024, INCLUDES LAND THAT IS PARK AND OPEN SPACE, AS DEFINED IN SECTION 29-7.5-103 (2); (p) A PARCEL THAT AS OF JANUARY 1, 2024, IS OWNED BY A SCHOOL DISTRICT, AS DEFINED IN SECTION 22-30-103 (13); OR (q) ANY PART OF A PARCEL'S ZONING CAPACITY WHERE RESIDENTIAL USE IS PREVENTED OR LIMITED TO LESS THAN FORTY DWELLING UNITS PER ACRE BY STATE REGULATION, FEDERAL REGULATION, OR DEED RESTRICTION PURSUANT TO EITHER: (I) FEDERAL AVIATION ADMINISTRATION RESTRICTIONS PURSUANT TO 14 CFR PART 77; (II) AN ENVIRONMENTAL COVENANT PURSUANT TO SECTION 25-15-318 TO SECTION 25-15-323; OR (III) RESTRICTIONS WITHIN A FLAMMABLE GAS OVERLAY ZONING DISTRICT. (3) "HOUSING OPPORTUNITY GOAL" MEANS A GOAL FOR THE ZONING PAGE 17-HOUSE BILL 24-1313 Page 151 of 340 CAPACITY FOR RESIDENTIAL UNITS IN A TRANSIT-ORIENTED COMMUNITY. A LOCAL GOVERNMENT SHALL CALCULATE ITS HOUSING OPPORTUNITY GOAL PURSUANT TO SECTION 29-37-204 (2). (4) "MIXED-USE PEDESTRIAN-ORIENTED NEIGHBORHOOD" MEANS AN AREA THAT INTEGRATES LAND USE TYPES THAT INCLUDE RESIDENTIAL AND NONRESIDENTIAL USES WITHIN A WALKABLE NEIGHBORHOOD. (5) "NEIGHBORHOOD CENTER" MEANS AN AREA THAT BOTH MEETS THE REQUIREMENTS OF SECTION 29-37-206 AND IS DESIGNATED AS A NEIGHBORHOOD CENTER BY A LOCAL GOVERNMENT. (6) "NET HOUSING DENSITY" MEANS THE NUMBER OF RESIDENTIAL UNITS ALLOWED PER ACRE OF LAND ON PARCELS THAT ALLOW FOR RESIDENTIAL DEVELOPMENT. IN CALCULATING NET HOUSING DENSITY FOR AN AREA, A LOCAL GOVERNMENT SHALL INCORPORATE ANY DIMENSIONAL OR OTHER RESTRICTIONS IN LOCAL LAWS USED TO REGULATE ALLOWED DENSITY IN THE AREA, INCLUDING BUT NOT LIMITED TO RESTRICTIONS RELATED TO UNITS PER ACRE, LOT AREA PER UNIT, LOT COVERAGE, SITE LEVEL OPEN SPACE REQUIREMENTS, FLOOR AREA RATIOS, SETBACKS, MINIMUM PARKING REQUIREMENTS, AND MAXIMUM HEIGHT. NOTHING IN THIS SUBSECTION (5) MEANS THAT, IN CALCULATING NET HOUSING DENSITY FOR AN AREA, A LOCAL GOVERNMENT SHALL INCLUDE AN AREA OF AN INDIVIDUAL PARCEL REQUIRED FOR STORMWATER DRAINAGE OR A UTILITY EASEMENT. (7) "OPTIONAL TRANSIT AREA" MEANS THE TOTAL AREA, MEASURED IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS WITHIN ONE-QUARTER MILE OF A PUBLIC BUS ROUTE OR BUS RAPID TRANSIT CORRIDOR AS IDENTIFIED IN THE CRITERIA IN SUBSECTION 29-37-207 (4). (8) "TRANSIT AREA" MEANS BOTH A TRANSIT STATION AREA, AS DEFINED IN SUBSECTION (12) OF THIS SECTION, OR A TRANSIT CORRIDOR AREA, AS DEFINED IN SUBSECTION (10) OF THIS SECTION. (9) "TRANSIT CENTER" MEANS AN AREA THAT BOTH MEETS THE REQUIREMENTS OF SECTION 29-37-205 AND IS DESIGNATED AS A TRANSIT CENTER BY A TRANSIT-ORIENTED COMMUNITY. (10) "TRANSIT CORRIDOR AREA" MEANS THE TOTAL AREA, PAGE 18-HOUSE BILL 24-1313 Page 152 of 340 MEASURED IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS WITHIN ONE-QUARTER MILE OF A PUBLIC BUS ROUTE AS IDENTIFIED IN THE CRITERIA IN SECTION 29-37-207 (3). (11) "TRANSIT-ORIENTED COMMUNITY" MEANS A LOCAL GOVERNMENT THAT: (a) IS EITHER ENTIRELY OR PARTIALLY WITHIN A METROPOLITAN PLANNING ORGANIZATION; (b) I IAS A POPULATION OF FOUR THOUSAND OR MORE ACCORDING TO THE MOST RECENT DATA FROM THE STATE DEMOGRAPHY OFFICE; (C) CONTAINS AT LEAST SEVENTY-FIVE ACRES OF TRANSIT AREA; AND (d) IF THE LOCAL GOVERNMENT IS A COUNTY, CONTAINS EITHER: (I) A PART OF A TRANSIT STATION AREA THAT IS BOTH IN AN UNINCORPORATED PART OF THE COUNTY AND WITHIN ONE-HALF MILE OF A TRANSIT STATION THAT SERVES ONE OR BOTH OF A COMMUTER RAIL OR A LIGHT RAIL SERVICE; OR (II) A PART OF A TRANSIT CORRIDOR AREA THAT IS BOTH IN AN UNINCORPORATED PART OF THE COUNTY AND FULLY SURROUNDED BY ONE OR MORE MUNICIPALITIES. (12) "TRANSIT STATION AREA" MEANS THE TOTAL AREA, MEASURED IN ACRES, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT IS WITHIN ONE-HALF MILE OF A STATION, AS IDENTIFIED IN THE CRITERIA IN SECTION 29-37-207 (2). (13) "ZONING CAPACITY" MEANS THE TOTAL NUMBER OF HOUSING UNITS ALLOWED IN AN AREA, AS LIMITED BY THE RESTRICTIONS IN LOCAL LAW THAT REGULATE DENSITY IN THAT AREA, AND AS CALCULATED BY TOTALING THE NET HOUSING DENSITY OF ALL PARCELS WITHIN THE AREA. (14) "ZONING CAPACITY BUFFER" MEANS THE RATIO OF THE NUMBER OF HOUSING UNITS ANTICIPATED TO BE CONSTRUCTED IN AN AREA TO THE ZONING CAPACITY OF THE AREA. PAGE 19-HOUSE BILL 24-1313 Page 153 of 340 29-37-203. Department of local affairs collaboration - goals - transit-oriented community authority. (1) AS DETERMINED TO BE APPROPRIATE BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT, THE DEPARTMENT SHALL COLLABORATE WITH THE DEPARTMENT OF TRANSPORTATION AND THE COLORADO ENERGY OFFICE IN FULFILLING THE REQUIREMENTS AND GOALS OF THIS PART 2. (2) THE GOALS OF THIS PART 2 ARE TO: (a) INCREASE OPPORTUNITIES TO CONSTRUCT HOUSING NEAR TRANSIT IN ORDER TO PROVIDE BENEFITS INCLUDING REGULATED AFFORDABLE HOUSING, ACCESSIBLE HOUSING, REGIONAL EQUITY THROUGH A BALANCE OF JOBS AND HOUSING, IMPROVED AND EXPANDED TRANSIT SERVICE, AND MULTIMODAL ACCESS TO DAILY NEEDS WITHIN MIXED-USE PEDESTRIAN-ORIENTED NEIGHBORHOODS; AND (b) INCREASE OPPORTUNITIES FOR HOUSING PRODUCTION BY PROVIDING APPROPRIATE ZONING CAPACITY BUFFERS. (3) NOTHING IN THIS PART 2 PREVENTS A TRANSIT-ORIENTED COMMUNITY, OR OTHER RELEVANT ENTITY, FROM: (a) ENFORCING INFRASTRUCTURE STANDARDS IN LOCAL LAW THAT RESULT IN THE DENIAL OR CONDITIONING OF PERMITS OR APPROVALS FOR SPECIFIC HOUSING PROJECTS IN A TRANSIT CENTER, INCLUDING BUT NOT LIMITED TO UTILITIES, TRANSPORTATION, OR PUBLIC WORKS CODES OR STANDARDS; (b) ADOPTING GENERALLY APPLICABLE REQUIREMENTS FOR THE PAYMENT OF IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES, IN ACCORDANCE WITH SECTION 29-20-104.5, OR THE MITIGATION OF IMPACTS IN ACCORDANCE WITH PART 2 OF ARTICLE 20 OF THIS TITLE 29; (c) APPROVING A DEVELOPMENT APPLICATION AT A LOWER NET HOUSING DENSITY THAN THE MAXIMUM ALLOWED NET HOUSING DENSITY; (d) ALLOWING A HIGH AMOUNT OF ZONING CAPACITY IN ONE TRANSIT AREA, WHILE ALLOWING A VERY LOW AMOUNT OF OR NO ZONING CAPACITY IN ANOTHER TRANSIT AREA; PAGE 20-HOUSE BILL 24-1313 Page 154 of 340 (e) IMPLEMENTING DISCRETIONARY APPROVAL PROCESSES FOR SUBDIVISIONS, REZONINGS, VARIANCES, OR OTHER PROCESSES IN TRANSIT CENTERS OUTSIDE OF PROJECT-SPECIFIC ZONING STANDARDS; (f) CREATING AN OPTIONAL DISCRETIONARY REVIEW PROCESS THAT MAY APPROVE GREATER DENSITY OR OTHER MORE PERMISSIVE STANDARDS THAN THE OBJECTIVE STANDARDS SUBJECT TO ADMINISTRATIVE APPROVAL IN A TRANSIT CENTER; (g) CREATING A DISCRETIONARY REVIEW PROCESS IN TRANSIT CENTERS THAT IS AVAILABLE AT THE APPLICANT'S OPTION AND IS SUBJECT TO CRITERIA CONSISTENT WITH THE PURPOSES OF THIS PART 2 AS ESTABLISHED IN SUBSECTION (2) OF THIS SECTION, INCLUDING PROCESSES SUCH AS PLANNED UNIT DEVELOPMENTS; (h) NOT PUBLICLY DISCLOSING ANY CONFIDENTIAL INFORMATION RELATED TO WATER SUPPLIES OR FACILITIES; (i) ALLOWING COMMERCIAL USES, BUSINESS USES, OR MIXED-USE DEVELOPMENT ON A PARCEL IN A DESIGNATED TRANSIT CENTER; AND (j) DENYING OR CONDITIONING DEVELOPMENT PROJECTS OR BUILDING PERMIT APPROVALS FOR A FAILURE TO MEET THE REQUIREMENTS OF A TRAFFIC STUDY THAT IS CONDUCTED USING OBJECTIVE STANDARDS. 29-37-204. Transit-oriented community housing opportunity goal calculation - preliminary transit-oriented community assessment report - housing opportunity goal compliance - insufficient water supplies for meeting a housing opportunity goal - affordability and displacement mitigation strategies - housing opportunity goal report - legislative declaration. (1) Legislative declaration. THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT: (a) TRANSIT RIDERSHIP, LAND USE DEVELOPMENT PATTERNS, AFFORDABILITY AND AVAILABILITY OF HOUSING, ROADS, AND GREENHOUSE GAS EMISSIONS FROM THE TRANSPORTATION SECTOR ARE INTERCONNECTED ISSUES THAT HAVE IMPACTS AND CONCERNS WELL BEYOND THE BORDERS OF A SINGLE LOCAL COMMUNITY; (b) COLORADO HAS AN INTEREST IN ENSURING A STABLE QUANTITY PAGE 21-HOUSE BILL 24-1313 Page 155 of 340 AND QUALITY OF HOUSING IN ALIGNMENT WITH POPULATION GROWTH AND ENSURING THAT SHARED RESOURCES, INVESTMENTS, AND GOALS SUCH AS ROADS, INFRASTRUCTURE, TRANSIT, AIR QUALITY, WATER, AND GREENHOUSE GAS MITIGATION, ARE PROTECTED IN THE PROCESS; AND (c) INCREASING HOUSING DENSITY IN TRANSIT-ORIENTED COMMUNITIES IS A MA'T'TER OF MIXED STATEWIDE AND LOCAL CONCERN THAT REQUIRES STATEWIDE COOPERATION. (2) Housing opportunity goal calculation. A TRANSIT-ORIENTED COMMUNITY SHALL CALCULATE ITS HOUSING OPPORTUNITY GOAL BY MULTIPLYING THE TOTAL AREA OF THE TRANSIT AREAS, AS DEFINED IN THE TRANSIT AREAS MAP CREATED PURSUANT TO SECTION 29-37-207 (1), WITHIN THE LOCAL GOVERNMENT'S JURISDICTION, EXCLUSIVE OF THE EXEMPT PARCELS IN THOSE TRANSIT AREAS, BY FORTY DWELLING UNITS PER ACRE. (3) Preliminary transit-oriented community assessment report. (a) ON OR BEFORE JUNE 30, 2025, A TRANSIT-ORIENTED COMMUNITY SHALL, IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT, SUBMIT A PRELIMINARY TRANSIT-ORIENTED COMMUNITY ASSESSMENT REPORT THAT INCLUDES: (I) THE TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY GOAL AND THE DATA AND METHOD THE TRANSIT-ORIENTED COMMUNITY USED TO CALCULATE ITS HOUSING OPPORTUNITY GOAL; AND (II) A MAP OF EXISTING ZONING DISTRICTS WITHIN THE TRANSIT-ORIENTED COMMUNITY THAT MAY QUALIFY AS TRANSIT CENTERS AND PRELIMINARY EVIDENCE FOR THIS QUALIFICATION INCLUDING THE STANDARDS APPLICABLE TO THESE ZONING DISTRICTS. (b) IF APPLICABLE, A TRANSIT-ORIENTED COMMUNITY MAY INCLUDE IN THE REPORT DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION ANY AFFORDABILITY OR DISPLACEMENT STRATEGIES THAT THE TRANSIT-ORIENTED COMMUNITY HAS IMPLEMENTED. (c) THE DEPARTMENT SHALL REVIEW A PRELIMINARY TRANSIT-ORIENTED COMMUNITY ASSESSMENT REPORT SUBMITTED BY A TRANSIT-ORIENTED COMMUNITY PURSUANT TO THIS SUBSECTION (3) AND EITHER PROVIDE WRITTEN NOTICE APPROVING THE REPORT OR PROVIDE PAGE 22-HOUSE BILL 24-1313 Page 156 of 340 DIRECTION FOR AMENDING AND RESUBMITTING THE REPORT. (4) Housing opportunity goal compliance. ON OR BEFORE DECEMBER 31, 2027, A TRANSIT-ORIENTED COMMUNITY SHALL SATISFY THE FOLLOWING CRITERIA, WHICH MUST BE SATISFIED TO QUALIFY AS A CERTIFIED TRANSIT-ORIENTED COMMUNITY. A TRANSIT-ORIENTED COMMUNITY SHALL: (a) DESIGNATE AREAS WITHIN THE TRANSIT-ORIENTED COMMUNITY AS TRANSIT CENTERS AND ENSURE THAT THOSE AREAS SATISFY THE REQUIREMENTS IN SECTION 29-37-205; (b) ENSURE THAT THE TOTAL ZONING CAPACITY FOR ALL TRANSIT CENTERS WITHIN THE TRANSIT-ORIENTED COMMUNITY IS GREATER THAN OR EQUAL TO THE TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY GOAL; (c) SUBMIT A HOUSING OPPORTUNITY GOAL REPORT AND HAVE THE REPORT APPROVED BY THE DEPARTMENT PURSUANT TO SUBSECTION (8) OF THIS SECTION; AND (d) THREE YEARS AFTER A SUBMITTING A HOUSING OPPORTUNITY GOAL REPORT PURSUANT TO SUBSECTION (8) OF THIS SECTION, AND EVERY THREE YEARS THEREAFTER, SUBMIT A STATUS REPORT PURSUANT TO SUBSECTION (9) OF THIS SECTION THAT IS APPROVED BY THE DEPARTMENT. (5) Insufficient water supplies for meeting a housing opportunity goal. (a) ON OR BEFORE DECEMBER 31, 2026, AND EVERY THREE YEARS THEREAFTER, A TRANSIT-ORIENTED COMMUNITY MAY SUBMIT A NOTICE, IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT, THAT THE SUPPLY OF WATER FROM ALL WATER SUPPLY ENTITIES, AS DEFINED IN SECTION 29-20-302 (2), THAT SERVE THE TRANSIT-ORIENTED COMMUNITY IS INSUFFICIENT DURING THE NEXT THREE-YEAR PERIOD TO PROVIDE THE DOMESTIC WATER SERVICE NECESSARY TO MEET THE TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY GOAL. THE WATER SUPPLY ENTITIES SHALL PROVIDE INFORMATION AND ASSISTANCE AS NECESSARY TO COMPLETE THE NOTICE ALLOWED BY THIS SUBSECTION (5). THE NOTICE ALLOWED BY THIS SUBSECTION (5) MUST INCLUDE, BUT IS NOT LIMITED TO: (I) AN ANALYSIS OF WATER DEMAND BASED ON: PAGE 23-HOUSE BILL 24-1313 Page 157 of 340 (A) PROJECTED HOUSING AND POPULATION GROWTH, AS ESTIMATED BY THE STATE DEMOGRAPHY OFFICE OR A RELEVANT METROPOLITAN PLANNING ORGANIZATION; AND (B) A REASONABLE ZONING CAPACITY BUFFER, AS ESTIMATED BASED ON RELEVANT LOCAL, REGIONAL, OR STATE DATA. (II) ANY DATA, PROFESSIONAL OPINIONS, OR OTHER INFORMATION USED TO CREATE THE ANALYSIS IN SUBSECTION (5)(a)(I) OF THIS SECTION; (III) DOCUMENTATION DEMONSTRATING BOTH AN UP-TO-DATE WATER SUPPLY PLAN THAT COMPLIES WITH SECTION 29-20-304 (3) AND AN UP-TO-DATE WATER EFFICIENCY PLAN THAT COMPLIES WITH SECTION 37-60-126 (1) THROUGH (5); AND (IV) A PROPOSAL THAT MAY INCLUDE: (A) EVIDENCE THAT THE WATER SUPPLY ENTITY LACKS ADEQUATE WATER SUPPLY TO PROVIDE THE AMOUNT OF WATER IDENTIFIED IN SUBSECTION (5)(a)(I) OF THIS SECTION; AND (B) A REQUEST FOR A MODIFICATION OF THE HOUSING OPPORTUNITY GOAL DURING THE NEXT THREE YEAR PERIOD BASED ON THE ANALYSIS OF WATER DEMAND IDENTIFIED IN SUBSECTION (5)(a)(I) OF THIS SECTION. (b) UPON RECEIVING THE NOTICE DESCRIBED IN SUBSECTION (5)(a) OF THIS SECTION, THE DEPARTMENT SHALL REVIEW THE NOTICE AND DETERMINE WHETHER TO ACCEPT, PROVIDE COMMENT ON, OR DENY THE PROPOSAL DESCRIBED IN SUBSECTION (5)(a)(IV) OF THIS SECTION. (6) Affordability strategies. (a) ON OR BEFORE DECEMBER 31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY AFFORDABILITY STRATEGIES THAT IT WILL IMPLEMENT OR HAS ALREADY IMPLEMENTED WHILE MEETING ITS HOUSING OPPORTUNITY GOAL. IN SO DOING, THE TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY AFFORDABILITY STRATEGIES BASED ON THE DEMONSTRATED HOUSING NEEDS WITHIN THE TRANSIT-ORIENTED COMMUNITY INCLUDING FOR-SALE AND RENTAL HOUSING NEEDS AND THE HOUSING NEEDS OF LOW-, MODERATE-, AND MEDIUM-INCOME HOUSEHOLDS, AS DESIGNATED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. PAGE 24-HOUSE BILL 24-1313 Page 158 of 340 (b) (I) ON OR BEFORE DECEMBER 31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL INCLUDE THE FOLLOWING IN ITS HOUSING OPPORTUNITY GOAL REPORT SUBMITTED PURSUANT TO SUBSECTION (8)(a)(IV) OF THIS SECTION: (A) AT LEAST TWO STRATEGIES INCLUDED IN THE STANDARD AFFORDABILITY STRATEGIES MENU DESCRIBED IN SECTION 29-37-208 (1) THAT THE TRANSIT-ORIENTED COMMUNITY IDENTIFIED PURSUANT TO SUBSECTION (6)(a) OF THIS SECTION AND INTENDS TO IMPLEMENT; (B) AT LEAST ONE STRATEGY INCLUDED IN THE LONG-TERM AFFORDABILITY STRATEGIES MENU DESCRIBED IN SECTION 29-37-208 (2) THAT THE TRANSIT-ORIENTED COMMUNITY IDENTIFIED PURSUANT TO SUBSECTION (6)(a) OF THIS SECTION AND INTENDS TO IMPLEMENT; AND (C) AN IMPLEMENTATION PLAN DESCRIBING HOW THE TRANSIT-ORIENTED COMMUNITY HAS OR WILL IMPLEMENT THE AFFORDABILITY STRATEGIES IDENTIFIED PURSUANT TO SUBSECTIONS (6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS SECTION. (II) FOR PURPOSES OF SATISFYING THE REQUIREMENTS OF THIS SUBSECTION (6)(b), A TRANSIT-ORIENTED COMMUNITY SHALL NOT: (A) COUNT ONE OR BOTH OF THE STRATEGIES DESCRIBED IN SECTIONS 29-37-208 (1)(e) AND 29-37-208 (2)(c) TOWARDS SATISFYING THE REQUIREMENTS OF BOTH SUBSECTIONS (6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS SECTION; OR (B) COUNT ANY STRATEGY DESCRIBED IN SECTION 29-37-208 THAT IS OTHERWISE REQUIRED BY STATE LAW. (7) Displacement mitigation strategies. ON OR BEFORE DECEMBER 31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL INCLUDE THE FOLLOWING IN ITS HOUSING OPPORTUNITY GOAL REPORT, PURSUANT TO SUBSECTION (8)(a)(V) OF THIS SECTION: (a) TWO DISPLACEMENT MITIGATION STRATEGIES THAT THE TRANSIT-ORIENTED COMMUNITY HAS ADOPTED OR WILL ADOPT FROM THE LONG-TERM DISPLACEMENT MITIGATION STRATEGIES MENU DEVELOPED BY THE DEPARTMENT PURSUANT TO SECTION 29-37-209 (3) TO MITIGATE PAGE 25-HOUSE BILL 24-1313 Page 159 of 340 DISPLACEMENT RISKS WHILE MEETING ITS HOUSING OPPORTUNITY GOAL; AND (b) AN IMPLEMENTATION PLAN DESCRIBING HOW THE TRANSIT-ORIENTED COMMUNITY WILL IMPLEMENT THE DISPLACEMENT MITIGATION STRATEGIES IT IDENTIFIES PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION. (8) Housing opportunity goal report. (a) ON OR BEFORE DECEMBER 31, 2026, A TRANSIT-ORIENTED COMMUNITY SHALL SUBMIT A HOUSING OPPORTUNITY GOAL REPORT TO THE DEPARTMENT IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT. IF A TRANSIT-ORIENTED COMMUNITY CANNOT INCLUDE ANY OF THE FOLLOWING ITEMS IN ITS HOUSING OPPORTUNITY GOAL REPORT ON OR BEFORE DECEMBER 31, 2026, THE TRANSIT-ORIENTED COMMUNITY SHALL INDICATE WHY IT CANNOT DO SO AND ITS PROGRESS TOWARDS BEING ABLE TO INCLUDE THOSE ITEMS IN ITS HOUSING OPPORTUNITY GOAL REPORT. THE REPORT MUST INCLUDE THE FOLLOWING, ALONG WITH ANY OTHER ELEMENTS IDENTIFIED BY THE DEPARTMENT: (I) THE TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY GOAL; (II) EVIDENCE THAT THE TRANSIT-ORIENTED COMMUNITY HAS MET ITS HOUSING OPPORTUNITY GOAL PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION; (III) A MAP THAT IDENTIFIES THE BOUNDARIES OF ANY TRANSIT CENTERS WITHIN THE TRANSIT-ORIENTED COMMUNITY AND EVIDENCE THAT THOSE AREAS SATISFY THE REQUIREMENTS IN SECTION 29-37-205; (IV) AFFORDABILITY STRATEGIES IDENTIFIED PURSUANT TO SUBSECTION (6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS SECTION AND THE IMPLEMENTATION PLAN DESCRIBED PURSUANT TO SUBSECTION (6)(b)(I)(C) OF THIS SECTION; (V) DISPLACEMENT MITIGATION STRATEGIES IDENTIFIED PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION AND THE IMPLEMENTATION PLAN DESCRIBED PURSUANT TO SUBSECTION (7)(b) OF THIS SECTION; (VI) A DESCRIPTION OF COMMUNITY ENGAGEMENT THAT THE PAGE 26-HOUSE BILL 24-1313 Page 160 of 340 TRANSIT-ORIENTED COMMUNITY CONDUCTED IN THE PROCESS OF MEETING ITS HOUSING OPPORTUNITY GOAL, IDENTIFYING AFFORDABILITY STRATEGIES PURSUANT TO SUBSECTION (6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS SECTION AND IDENTIFYING DISPLACEMENT MITIGATION STRATEGIES PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION; AND (VII) IF APPLICABLE, AND IF THE TRANSIT-ORIENTED COMMUNITY SO CHOOSES, EVIDENCE THAT THE TRANSIT-ORIENTED COMMUNITY HAS SATISFIED THE REQUIREMENTS OF SUBSECTION (5) OF THIS SECTION. (b) THE DEPARTMENT SHALL REVIEW A HOUSING OPPORTUNITY GOAL REPORT SUBMITTED BY A TRANSIT-ORIENTED COMMUNITY PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION AND PROVIDE WRITTEN NOTICE THAT EITHER: (I) APPROVES THE REPORT AND AFFIRMS THAT THE TRANSIT-ORIENTED COMMUNITY HAS SATISFIED THE RELEVANT REQUIREMENTS OF THIS SECTION AND IS THEREFORE CONSIDERED A CERTIFIED TRANSIT-ORIENTED COMMUNITY; OR (II) PROVIDES DIRECTION FOR AMENDING AND RESUBMITTING THE REPORT AND REQUIRES THAT THE TRANSIT-ORIENTED COMMUNITY RESUBMIT THE REPORT WITHIN NINETY DAYS OF RECEIVING THE WRITTEN NOTICE. (C) IF THE DEPARTMENT HAS NOT APPROVED A TRANSIT-ORIENTED COMMUNITY'S HOUSING OPPORTUNITY GOAL REPORT ON OR BEFORE DECEMBER 31, 2027, THE DEPARTMENT SHALL PROVIDE THE TRANSIT-ORIENTED COMMUNITY WRITTEN NOTICE THAT THE TRANSIT-ORIENTED COMMUNITY IS IN NON-COMPLIANCE WITH THIS PART 2 AND IS NOT A CERTIFIED TRANSIT-ORIENTED COMMUNITY. (d) (I) THE DEPARTMENT SHALL IDENTIFY CERTIFIED TRANSIT-ORIENTED COMMUNITIES FOR THE PURPOSE OF ESTABLISHING ELIGIBILITY FOR STATE GRANT AND INCENTIVE PROGRAMS. (II) PURSUANT TO SECTION 29-37-210 (6), A CERTIFIED TRANSIT-ORIENTED COMMUNITY IS ELIGIBLE FOR THE AWARD OF A TRANSIT-ORIENTED COMMUNITIES INFRASTRUCTURE GRANT PROGRAM GRANT. PAGE 27-HOUSE BILL 24-1313 Page 161 of 340 (III) THE DEPARTMENT SHALL IDENTIFY CERTIFIED TRANSIT-ORIENTED COMMUNITIES, INCLUDING COMPLIANCE WITH THE REQUIREMENTS FOR AFFORDABILITY STRATEGIES IN SUBSECTION (8)(a)(IV) OF THIS SECTION AND DISPLACEMENT MITIGATION STRATEGIES IN SUBSECTION (8)(a)(V) OF THIS SECTION, FOR THE PURPOSES OF ESTABLISHING ELIGIBILITY FOR THE COLORADO AFFORDABLE HOUSING IN TRANSIT-ORIENTED COMMUNITIES INCOME TAX CREDIT IN PART 54 OF ARTICLE 22 OF TITLE 39. (9) Status report. (a) EVERY THREE YEARS AFTER SUBMITTING A HOUSING OPPORTUNITY GOAL REPORT PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION, A TRANSIT-ORIENTED COMMUNITY SHALL SUBMIT A STATUS REPORT TO THE DEPARTMENT IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT THAT CONFIRMS THAT THE TRANSIT-ORIENTED COMMUNITY IS STILL A CERTIFIED TRANSIT-ORIENTED COMMUNITY. (b) THE DEPARTMENT SHALL REVIEW A STATUS REPORT SUBMITTED BY A TRANSIT-ORIENTED COMMUNITY PURSUANT TO SUBSECTION (9)(a) OF THIS SECTION AND PROVIDE WRITTEN NOTICE THAT EITHER: (I) APPROVES THE REPORT AND AFFIRMS THAT THE TRANSIT-ORIENTED COMMUNITY HAS SATISFIED THE RELEVANT REQUIREMENTS OF THIS SECTION AND IS THEREFORE CONSIDERED A CERTIFIED TRANSIT-ORIENTED COMMUNITY; OR (II) PROVIDES DIRECTION FOR AMENDING AND RESUBMITTING THE REPORT AND REQUIRES THAT THE TRANSIT-ORIENTED COMMUNITY RESUBMIT THE REPORT WITHIN NINETY DAYS OF RECEIVING THE WRITTEN NOTICE. (C) (I) IF A TRANSIT-ORIENTED COMMUNITY FAILS TO SUBMIT A STATUS REPORT TO THE DEPARTMENT PURSUANT TO SUBSECTION (9)(a) OF THIS SECTION OR FAILS TO SUBMIT AN AMENDED STATUS REPORT PURSUANT TO SUBSECTION (9)(b)(II) OF THIS SECTION, THE DEPARTMENT SHALL PROVIDE THE TRANSIT-ORIENTED COMMUNITY WRITTEN NOTICE STATING THAT THE TRANSIT-ORIENTED COMMUNITY WILL NOT BE DEEMED A CERTIFIED TRANSIT-ORIENTED COMMUNITY. 29-37-205. Criteria for qualification as a transit center - criteria for qualification as a transit center outside of a transit area. (1) To DESIGNATE AN AREA AS A TRANSIT CENTER, A TRANSIT-ORIENTED PAGE 28-HOUSE BILL 24-1313 Page 162 of 340 COMMUNITY SHALL: (a) ENSURE THAT THE AREA IS COMPOSED SOLELY OF ZONING DISTRICTS THAT UNIFORMLY ALLOW A NET HOUSING DENSITY OF AT LEAST FIFTEEN UNITS PER ACRE WITH NO PARCEL OR ZONING DISTRICT BEING COUNTED AS ALLOWING A NET HOUSING DENSITY OF MORE THAN FIVE HUNDRED UNITS PER ACRE; (b) (I) IDENTIFY A NET HOUSING DENSITY ALLOWED FOR THE AREA OR FOR SUBDISTRICTS WITHIN THE AREA. AS PART OF THE GUIDANCE THE DEPARTMENT DEVELOPS PURSUANT TO SECTION 29-37-207 (7), THE DEPARTMENT SHALL PROVIDE LOCAL GOVERNMENTS WITH SIMPLE AND EFFECTIVE METHODS OF CALCULATING NET HOUSING DENSITY. THE IDENTIFIED NET HOUSING DENSITY MUST: (A) REFLECT ANY SIGNIFICANT DIMENSIONAL OR OTHER RESTRICTIONS IN LOCAL LAWS USED TO REGULATE DENSITY IN THE AREA, INCLUDING BUT NOT LIMITED TO RESTRICTIONS RELATED TO UNITS PER ACRE, LOT AREA PER UNIT, LOT COVERAGE, SITE LEVEL OPEN SPACE REQUIREMENTS, FLOOR AREA RATIOS, SETBACKS, MINIMUM PARKING REQUIREMENTS, AND MAXIMUM HEIGHT. WHERE A DIMENSIONAL RESTRICTION HAS MULTIPLE POTENTIAL OUTCOMES WITHIN THE SAME ZONING DISTRICT OR WITHIN RELATED ZONING DISTRICTS, THE AVERAGE OUTCOME OF THE DIMENSIONAL RESTRICTION MAY BE UTILIZED BY THE TRANSIT-ORIENTED COMMUNITY TO MEASURE NET HOUSING DENSITY. (B) ASSUME MINIMUM PARKING REQUIREMENTS ARE MET WITH SURFACE PARKING; EXCEPT THAT THREE-FOURTHS OF A PARKING SPACE PER DWELLING UNIT MAY BE COUNTED AS STRUCTURED PARKING WITHIN THE BUILDING FOOTPRINT; (C) ASSUME AN AVERAGE HOUSING UNIT SIZE, AS DETERMINED BASED ON EITHER THE TYPICAL SIZE OF A MULTIFAMILY HOUSING UNIT THAT WAS RECENTLY BUILT IN COLORADO AS ESTABLISHED IN THE CENSUS'S AMERICAN HOUSING SURVEY OR THE TYPICAL SIZE OF A MULTIFAMILY HOUSING UNIT IN THE TRANSIT-ORIENTED COMMUNITY ACCORDING TO LOCAL DATA; (II) NOTHING IN THIS SUBSECTION (1)(b) REQUIRES A LOCAL GOVERNMENT TO INCLUDE AREAS OF INDIVIDUAL PARCELS REQUIRED FOR PAGE 29-HOUSE BILL 24-1313 Page 163 of 340 STORMWATER DRAINAGE OR UTILITY EASEMENTS IN CALCULATING NET HOUSING DENSITY; AND (III) IF A PARCEL'S EXISTING RESIDENTIAL USES HAVE A HIGHER NET HOUSING DENSITY THAN THE NET HOUSING DENSITY ALLOWED FOR THE PARCEL BY CURRENT RESTRICTIONS IN LOCAL LAW, THE NET HOUSING DENSITY OF THE EXISTING RESIDENTIAL USE MAY BE COUNTED; (e) EXCLUDE ANY AREA WHERE LOCAL LAW EXCLUSIVELY RESTRICTS HOUSING OCCUPANCY BASED ON AGE OR OTHER FACTORS; (d) ESTABLISH AN ADMINISTRATIVE APPROVAL PROCESS FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT ON PARCELS IN THE AREA THAT ARE NO MORE THAN FIVE ACRES IN SIZE. FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT APPLICATIONS ON PARCELS GREATER THAN FIVE ACRES IN SIZE, A TRANSIT-ORIENTED COMMUNITY SHALL IDENTIFY A TARGET NET HOUSING DENSITY FOR THE PARCELS TO COUNT THE PARCELS AS PART OF THE TRANSIT CENTER THAT COVERS THE AREA. THIS SUBSECTION (1)(d) DOES NOT PREVENT THE ESTABLISHMENT OF DEVELOPER AGREEMENTS BETWEEN THE LOCAL GOVERNMENT AND DEVELOPERS. (e) ENSURE THAT THE AREA OF A TRANSIT CENTER IS COMPOSED OF PARCELS THAT ARE LOCATED WHOLLY OR PARTIALLY WITHIN EITHER: (I) A TRANSIT AREA OR OPTIONAL TRANSIT AREA; OR (II) ONE-QUARTER MILE FROM THE BOUNDARY OF A TRANSIT AREA OR OPTIONAL TRANSIT AREA. (2) (a) NOTWITHSTANDING SUBSECTION (1)(e) OF THIS SECTION, A TRANSIT-ORIENTED COMMUNITY MAY ONLY DESIGNATE AN AREA AS A TRANSIT CENTER WITHIN AN OPTIONAL TRANSIT AREA AS DESCRIBED IN SECTION 29-37-207 (4), IF THE TRANSIT-ORIENTED COMMUNITY HAS PROVIDED REASONABLE EVIDENCE IN THE HOUSING OPPORTUNITY GOAL REPORT SUBMITTED PURSUANT TO SECTION 29-37-204 (8) THAT: (I) To THE MAXIMUM EXTENT FEASIBLE, AN AVERAGE NET HOUSING DENSITY OF AT LEAST FORTY DWELLING UNITS PER ACRE IS ALLOWED ON ALL PARCELS WITHIN THE TRANSIT AREA THAT ARE BOTH ONE-HALF ACRE OR MORE IN SIZE AND NOT EXEMPT PARCELS; AND PAGE 30-HOUSE BILL 24-1313 Page 164 of 340 (II) AREAS WITHIN THE OPTIONAL TRANSIT AREA HAVE FEWER BARRIERS TO HOUSING DEVELOPMENT THAN AREAS WITHIN THE TRANSIT AREA. (b) FOR PURPOSES OF SUBSECTION (2)(a)(II) OF THIS SECTION, BARRIERS TO HOUSING DEVELOPMENT MAY INCLUDE: (I) AN ANTICIPATED LACK OF WATER SUPPLY, AFTER ACCOUNTING FOR A REASONABLE ZONING CAPACITY BUFFER; (II) AN ANTICIPATED LACK OF SUFFICIENT FUTURE INFRASTRUCTURE CAPACITY, INCLUDING WATER TREATMENT PLANTS, WASTEWATER TREATMENT PLANTS, OR ELECTRICAL POWER NETWORKS IN THE AREA, AFTER ACCOUNTING FOR A REASONABLE ZONING CAPACITY BUFFER; (III) UNIQUE SITE CHARACTERISTICS WHICH CONTRIBUTE TO A HIGH COST OF HOUSING DEVELOPMENT; OR (IV) SITES THAT ARE INFEASIBLE FOR HOUSING DEVELOPMENT. 29-37-206. Criteria for qualification as a neighborhood center. (1) (a) TO DESIGNATE AN AREA AS A NEIGHBORHOOD CENTER, A LOCAL GOVERNMENT SHALL, IN ACCORDANCE WITH POLICIES AND PROCEDURES ADOPTED BY THE DEPARTMENT THAT MAY INCLUDE DIFFERENT CRITERIA FOR VARYING REGIONAL AND LOCAL CONTEXTS, IDENTIFY AREAS THAT MEET THE FOLLOWING CRITERIA: (I) ALLOW A NET HOUSING DENSITY THAT SUPPORTS MIXED-USE PEDESTRIAN-ORIENTED NEIGHBORHOODS, THE DEVELOPMENT OF REGULATED AFFORDABLE HOUSING, AND INCREASED PUBLIC TRANSIT RIDERSHIP; (II) WITHIN CENSUS URBANIZED AREAS, AS DEFINED IN THE LATEST FEDERAL DECENNIAL CENSUS, ESTABLISH AN ADMINISTRATIVE APPROVAL PROCESS FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT ON PARCELS IN THE AREA THAT ARE NO LARGER THAN A SIZE DETERMINED BY THE DEPARTMENT; (III) ENSURE THAT THE AREA HAS A MIXED-USE PEDESTRIAN-ORIENTED NEIGHBORHOOD, AS DETERMINED BY CRITERIA ESTABLISHED BY THE DEPARTMENT; AND PAGE 31-HOUSE BILL 24-1313 Page 165 of 340 (IV) SATISFY ANY OTHER CRITERIA, AS DETERMINED BY THE DEPARTMENT, AND AS MAY VARY BY REGIONAL CONTEXT, FOR THE QUALIFICATION OF AN AREA AS A NEIGHBORHOOD CENTER. (b) NOTWITHSTANDING THE REQUIREMENTS FOR A LOCAL GOVERNMENT DESIGNATING AN AREA AS A NEIGHBORHOOD CENTER PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, THE DEPARTMENT SHALL ESTABLISH SEPARATE REQUIREMENTS FOR LOCAL GOVERNMENTS DESIGNATING AREAS WITHIN POTENTIAL TRANSIT AREAS IDENTIFIED BY THE DEPARTMENT OF TRANSPORTATION PURSUANT TO SECTION 29-37-207 (5). (2) IF A LOCAL GOVERNMENT DESIGNATES AN AREA AS A NEIGHBORHOOD CENTER PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE LOCAL GOVERNMENT SHALL SUBMIT A NEIGHBORHOOD CENTER REPORT TO THE DEPARTMENT IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT. 29-37-207. Transit areas map - transit station area criteria - transit corridor area criteria - housing opportunity goals, models, and guidance. (1) Transit areas map. (a) ON OR BEFORE SEPTEMBER 30,2024, THE DEPARTMENT, IN CONSULTATION WITH METROPOLITAN PLANNING ORGANIZATIONS, AND TRANSIT AGENCIES THAT OPERATE WITHIN METROPOLITAN PLANNING ORGANIZATIONS, SHALL PUBLISH A TRANSIT AREA MAP, OR TRANSIT AREA MAPS, BASED ON THE CRITERIA IN SUBSECTIONS (2), (3), (4), (5) AND (6), OF THIS SECTION. ONLY TRANSIT AREAS THAT ARE IDENTIFIED PURSUANT TO SUBSECTIONS (2) AND (3) OF THIS SECTION AND IDENTIFIED ON A TRANSIT AREA MAP PURSUANT TO THIS SUBSECTION (1) MUST BE INCLUDED IN THE CALCULATION OF A HOUSING OPPORTUNITY GOAL PURSUANT TO SECTION 29-37-204 (2). (b) IN PUBLISHING THE MAP DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION, THE DEPARTMENT SHALL ALSO PUBLISH A WALKSHED MAP THAT IDENTIFIES THE AREAS THAT ARE REACHABLE BY A PERSON WALKING A DISTANCE OF NOT MORE THAN ONE-HALF MILE FROM A TRANSIT STATION WHERE PART OF THE TRANSIT STATION AREA BASED ON THAT TRANSIT STATION IS SEPARATED FROM ANY EXIT TO THE TRANSIT STATION BY A STATE-OWNED LIMITED-ACCESS HIGHWAY OR RAILROAD TRACK, USING SIMPLE AND EFFICIENT GEOSPATIAL ANALYSIS METHODS AND READILY AVAILABLE NETWORK DATA. PAGE 32-HOUSE BILL 24-1313 Page 166 of 340 (2) Transit station criteria. THE DEPARTMENT SHALL DESIGNATE TRANSIT STATION AREAS, FOR PURPOSES OF SUBSECTION (1) OF THIS SECTION, BASED ON ROUTES IDENTIFIED IN AN APPLICABLE TRANSIT PLAN FOR EXISTING STATIONS FOR: (a) COMMUTER BUS RAPID TRANSIT; (b) COMMUTER RAIL; AND (C) LIGHT RAIL. (3) Transit corridor area criteria. (a) THE DEPARTMENT SHALL DESIGNATE TRANSIT CORRIDOR AREAS, FOR PURPOSES OF SUBSECTION (1) OF THIS SECTION, BY IDENTIFYING TRANSIT ROUTES THAT MEET ONE OR MORE OF THE FOLLOWING CRITERIA: (I) AN URBAN BUS RAPID TRANSIT SERVICE THAT IS IDENTIFIED WITHIN: (A) A METROPOLITAN PLANNING ORGANIZATION'S FISCALLY-CONSTRAINED, LONG-RANGE TRANSPORTATION PLAN ADOPTED PRIOR TO JANUARY 1, 2024, AND PLANNED FOR IMPLEMENTATION, ACCORDING TO THAT PLAN, PRIOR TO JANUARY 1, 2030; OR (B) AN APPLICABLE TRANSIT PLAN THAT HAS BEEN PLANNED FOR SHORT-TERM IMPLEMENTATION, ACCORDING TO THAT PLAN; (II) A PUBLIC BUS ROUTE THAT: (A) HAS A PLANNED FREQUENCY OR SCHEDULED FREQUENCY OF FIFTEEN MINUTES OR MORE FREQUENT FOR EIGHT HOURS OR MORE ON WEEKDAYS; AND (B) IS IDENTIFIED WITHIN AN APPLICABLE TRANSIT PLAN FOR SHORT-TERM IMPLEMENTATION OR IMPLEMENTATION BEFORE JANUARY 1, 2030, ACCORDING TO THAT PLAN. (b) FOR TRANSIT AGENCIES WITHIN METROPOLITAN PLANNING ORGANIZATIONS THAT DO NOT HAVE APPLICABLE TRANSIT PLANS, THE DEPARTMENT SHALL DESIGNATE TRANSIT CORRIDOR AREAS, FOR PURPOSES PAGE 33-HOUSE BILL 24-1313 Page 167 of 340 OF SUBSECTION (1) OF THIS SECTION, BY IDENTIFYING ANY PUBLIC BUS ROUTES WITH EXISTING TRANSIT SERVICE LEVELS AS OF JANUARY 1, 2024, WITH A SCHEDULED FREQUENCY OF FIFTEEN MINUTES OR MORE FREQUENT FOR EIGHT HOURS OR MORE ON WEEKDAYS. (C) NOTWITHSTANDING SUBSECTION (3)(a) AND (3)(b) OF THIS SECTION, THE DEPARTMENT SHALL NOT DESIGNATE TRANSIT CORRIDOR AREAS, FOR PURPOSES OF SUBSECTION (1) OF THIS SECTION, WITHIN A TRANSIT-ORIENTED COMMUNITY THAT HAS DESIGNATED TWENTY PERCENT OR MORE OF ITS AREA AS A MANUFACTURED HOME ZONING DISTRICT AS OF JANUARY 1, 2024. (4) Optional transit area criteria. (a) THE DEPARTMENT SHALL DESIGNATE OPTIONAL TRANSIT AREAS, FOR PURPOSES OF SUBSECTION (1) OF THIS SECTION, BASED ON THE FOLLOWING CRITERIA: (I) A BUS RAPID TRANSIT SERVICE THAT IS IDENTIFIED WITHIN A METROPOLITAN PLANNING ORGANIZATION'S FISCALLY-CONSTRAINED, LONG-RANGE TRANSPORTATION PLAN ADOPTED PRIOR TO JANUARY 1, 2024, AND INTENDED FOR IMPLEMENTATION AFTER JANUARY 1, 2030, AND BEFORE DECEMBER 31, 2050; (II) PUBLIC BUS ROUTES OTHER THAN THOSE IDENTIFIED IN SUBSECTION (3)(a)(II)(B) OF THIS SECTION THAT OPERATE AT A PLANNED OR SCHEDULED FREQUENCY OF THIRTY MINUTES OR MORE FREQUENT DURING THE HIGHEST FREQUENCY SERVICE HOURS AS IDENTIFIED BY: (A) EXISTING SERVICE AS OF JANUARY 1, 2024; OR (B) IDENTIFIED WITHIN AN APPLICABLE TRANSIT PLAN; AND (III) OTHER AREAS PLANNED AS MIXED-USE PEDESTRIAN ORIENTED NEIGHBORHOODS. (b) FOR PURPOSES OF SUBSECTION (4)(a)(III) OF THIS SECTION, A TRANSIT ORIENTED COMMUNITY MAY REQUEST THAT THE DEPARTMENT DESIGNATE A MIXED-USE PEDESTRIAN-ORIENTED NEIGHBORHOOD AS AN OPTIONAL TRANSIT AREA. THE DEPARTMENT SHALL REVIEW AND APPROVE OR REJECT SUCH A REQUEST BASED ON WHETHER THE MIXED-USE PEDESTRIAN -ORIENTED NEIGHBORHOOD FULFILLS THE GOALS OF THIS PART PAGE 34-HOUSE BILL 24-1313 Page 168 of 340 2 ESTABLISHED IN SECTION 29-37-203 (2). (5) Potential transit area criteria. (a) THE DEPARTMENT SHALL DESIGNATE AN AREA AS A POTENTIAL TRANSIT AREA, FOR PURPOSES OF SUBSECTION (1) OF THIS SECTION, IF IT CONSISTS OF CORRIDORS, AS IDENTIFIED BY THE DEPARTMENT OF TRANSPORTATION THAT: (I) INCLUDE MAJOR TRAVELSHEDS, AS DEFINED BY COMMON TRAVEL PATTERNS IN AN AREA, THAT IMPACT ANTICIPATED NEW OR MODIFIED INTERCHANGES ON STATE-OWNED HIGHWAYS; AND (II) ARE OUTSIDE OF CENSUS URBANIZED AREAS, AS IDENTIFIED IN THE LATEST FEDERAL DECENNIAL CENSUS; (b) IN DESIGNATING POTENTIAL TRANSIT AREAS, FOR PURPOSES OF SUBSECTION (1) OF THIS SECTION, THE DEPARTMENT SHALL ATTEMPT TO IDENTIFY AREAS WHERE FUTURE TRANSIT SERVICE AND NEIGHBORHOOD CENTERS COULD POTENTIALLY ALIGN TO PROVIDE INFORMATION FOR STATE, REGIONAL, AND LOCAL PLANNING EFFORTS. (c) IN UPDATING THE TRANSIT AREA MAP PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE DEPARTMENT SHALL IDENTIFY ANY NEIGHBORHOOD CENTERS THAT A LOCAL GOVERNMENT HAS DESIGNATED WITHIN A POTENTIAL TRANSIT AREA. (6) IN IDENTIFYING THE BOUNDARIES OF TRANSIT AREAS AND OPTIONAL TRANSIT AREAS PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL USE: (a) GEOSPATIAL DATA FROM RELEVANT TRANSIT AGENCIES AND METROPOLITAN PLANNING ORGANIZATIONS; AND (b) ROADWAY LOCATIONS BASED UPON THE CENTERLINE OF THE ROADWAY. (7) Housing opportunity goals, models, and guidance. ON OR BEFORE FEBRUARY 28, 2025, THE DEPARTMENT SHALL PUBLISH MODELS AND GUIDANCE TO SATISFY THE GOALS OF THIS PART 2 AS ESTABLISHED IN SECTION 29-37-203 (2) AND INTERPRET THE DENSITY AND DIMENSIONAL STANDARDS ESTABLISHED IN SECTION 29-37-205 (1)(b) OF THIS SECTION PAGE 35-HOUSE BILL 24-1313 Page 169 of 340 WITH THE INTENT OF PROVIDING SIMPLE AND EFFICIENT METHODS FOR LOCAL GOVERNMENTS TO CALCULATE THE NET HOUSING DENSITY OF TRANSIT CENTERS IN ORDER TO MEET THEIR HOUSING OPPORTUNITY GOALS. IN PUBLISHING MODELS AND GUIDANCE, THE DEPARTMENT SHALL ESTABLISH MODELS, GUIDANCE, AND TYPICAL BUILDING TYPOLOGIES FOR LOCAL GOVERNMENTS WITH FORM-BASED CODES. 29-37-208. Standard affordability strategies menu - long-term affordability strategies menu - alternative affordability strategies - impact fees. (1) Standard affordability strategies menu. ON OR BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL DEVELOP A STANDARD AFFORDABILITY STRATEGIES MENU FOR TRANSIT-ORIENTED COMMUNITIES AND SHALL UPDATE THIS MENU AS NECESSARY. THE MENU MUST INCLUDE THE FOLLOWING STRATEGIES: (a) IMPLEMENTING A LOCAL INCLUSIONARY ZONING ORDINANCE THAT ACCOUNTS FOR LOCAL HOUSING MARKET CONDITIONS, IS CRAFTED TO MAXIMIZE REGULATED AFFORDABLE HOUSING, AND COMPLIES WITH THE REQUIREMENTS OF SECTION 29-20-104 (1)(e.5) AND (1)(e.7); (b) ADOPTING A LOCAL LAW OR PLAN TO LEVERAGE PUBLICLY OWNED, SOLD, OR MANAGED LAND FOR REGULATED AFFORDABLE HOUSING DEVELOPMENT; (C) CREATING OR SIGNIFICANTLY EXPANDING A PROGRAM TO SUBSIDIZE OR OTHERWISE REDUCE IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES FOR REGULATED AFFORDABLE HOUSING DEVELOPMENT; (d) ESTABLISHING A DENSITY BONUS PROGRAM FOR TRANSIT CENTERS THAT GRANTS INCREASED FLOOR AREA RATIO, DENSITY, OR HEIGHT FOR REGULATED AFFORDABLE HOUSING UNITS; (e) CREATING A PROGRAM TO PRIORITIZE AND EXPEDITE DEVELOPMENT APPROVALS FOR REGULATED AFFORDABLE HOUSING DEVELOPMENT; (f) REDUCING LOCAL PARKING REQUIREMENTS FOR REGULATED AFFORDABLE HOUSING TO ONE-HALF SPACE PER UNIT OF REGULATED AFFORDABLE HOUSING, WITHOUT LOWERING THE PROTECTIONS PROVIDED PAGE 36-HOUSE BILL 24-1313 Page 170 of 340 FOR INDIVIDUALS WITH DISABILITIES, INCLUDING THE NUMBER OF PARKING SPACES FOR INDIVIDUALS WHO ARE MOBILITY IMPAIRED, UNDER THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET SEQ., AND PARTS 6 AND 8 OF ARTICLE 34 OF TITLE 24; EXCEPT THAT, UPON THE PASSAGE OF HOUSE BILL 24-1304, THIS SUBSECTION (1)(f) SHALL NOT BE IDENTIFIED BY A TRANSIT-ORIENTED COMMUNITY AS AN AFFORDABILITY STRATEGY THAT SATISFIES THE REQUIREMENTS OF 29-37-204 (6)(b)(I)(A); (g) ENACTING LOCAL LAWS THAT INCENTIVIZE THE CONSTRUCTION OF ACCESSIBLE AND VISITABLE REGULATED AFFORDABLE HOUSING UNITS; (h) ENACTING LOCAL LAWS THAT SUPPORT HOUSING FOR FAMILIES, SUCH AS INCENTIVIZING CONSTRUCTION OF HOUSING UNITS WITH MULTIPLE BEDROOMS; AND (i) ANY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT THAT OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY. (2) Long-term affordability strategies menu. ON OR BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL DEVELOP A LONG-TERM AFFORDABILITY STRATEGIES MENU AND SHALL UPDATE THIS MENU AS NECESSARY. THE MENU MUST INCLUDE THE FOLLOWING STRATEGIES: (a) ESTABLISHING A DEDICATED LOCAL REVENUE SOURCE FOR REGULATED AFFORDABLE HOUSING DEVELOPMENT, SUCH AS INSTITUTING A LINKAGE FEE ON MARKET RATE HOUSING DEVELOPMENT TO SUPPORT NEW REGULATED AFFORDABLE HOUSING DEVELOPMENTS; (b) REGULATING SHORT-TERM RENTALS, SECOND HOMES, OR OTHER UNDERUTILIZED OR VACANT UNITS IN A WAY, SUCH AS VACANCY FEES FOR UNDERUTILIZED UNITS, THAT PROMOTES MAXIMIZING THE USE OF LOCAL HOUSING STOCK FOR LOCAL HOUSING NEEDS; (c) MAKING A COMMITMENT TO AND REMAINING ELIGIBLE TO RECEIVE FUNDING PURSUANT TO ARTICLE 32 OF THIS TITLE 29; (d) INCENTIVIZING OR CREATING A DEDICATED LOCAL PROGRAM THAT FACILITATES INVESTMENT IN LAND BANKING OR COMMUNITY LAND TRUSTS; PAGE 37-HOUSE BILL 24-1313 Page 171 of 340 (e) ESTABLISHING AN AFFORDABLE HOMEOWNERSHIP STRATEGY SUCH AS: (I) ACQUIRING OR PRESERVING DEED RESTRICTIONS ON CURRENT HOUSING UNITS; (II) ESTABLISHING AN INCENTIVE PROGRAM TO ENCOURAGE REALTORS TO WORK WITH LOW-INCOME AND MINORITY PROSPECTIVE HOME BUYERS; (III) ESTABLISHING AN AFFORDABLE RENT-TO-OWN PROGRAM; OR (IV) INCENTIVIZING AFFORDABLE CONDOMINIUM DEVELOPMENTS; AND (0 ANY OTHER STRATEGY DESIGNATED BY THE DEPARTMENT THAT OFFERS A COMPARABLE IMPACT ON LOCAL HOUSING AFFORDABILITY. (3) Alternative affordability strategies. A TRANSIT-ORIENTED COMMUNITY MAY SUBMIT AN EXISTING OR PROPOSED LOCAL LAW OR PROGRAM, IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT, TO THE DEPARTMENT, AND THE DEPARTMENT MAY DETERMINE THAT THE ADOPTION OF THAT LOCAL LAW OR PROGRAM QUALIFIES AS AN AFFORDABILITY STRATEGY FOR PURPOSES OF SECTION 29-37-204 (6)(a) AND (6)(b), SO LONG AS THE LOCAL LAW OR PROGRAM SUPPORTS EQUAL OR GREATER OPPORTUNITY FOR REGULATED AFFORDABLE HOUSING AND ACCESSIBLE UNITS THAN THE STRATEGIES DESCRIBED IN SUBSECTIONS (1) AND (2) OF THIS SECTION. 29-37-209. Displacement risk assessment - displacement mitigation strategies menu - displacement mitigation strategies menu goals - alternative displacement mitigation strategies. (1) ON OR BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL CONDUCT AN ASSESSMENT THAT INCLUDES RECOMMENDATIONS IDENTIFYING THE RESOURCES NECESSARY TO IMPLEMENT THE DISPLACEMENT MITIGATION STRATEGIES IN THE DISPLACEMENT RISK MITIGATION STRATEGIES MENU DESCRIBED IN SUBSECTION (3) OF THIS SECTION. THE ASSESSMENT MUST IDENTIFY: (a) APPROPRIATE LOCAL, REGIONAL, OR NONPROFIT ENTITIES TO ASSIST RESIDENTS AT ELEVATED RISK OF DISPLACEMENT, WITH A FOCUS ON PAGE 38-HOUSE BILL 24-1313 Page 172 of 340 RESIDENTS IN LOCAL GOVERNMENTS THAT HAVE A SMALLER POPULATION AND FEWER FINANCIAL RESOURCES THAN OTHER LOCAL GOVERNMENTS WITHIN THE SAME METROPOLITAN PLANNING ORGANIZATION; AND (b) APPROPRIATE SOURCES OF FINANCIAL AND OTHER RESOURCES TO IMPLEMENT THE DISPLACEMENT MITIGATION STRATEGIES IN THE DISPLACEMENT RISK MITIGATION STRATEGIES MENU DESCRIBED IN SUBSECTION (3) OF THIS SECTION, WHILE TAKING INTO ACCOUNT REGIONAL DISPARITIES IN RESOURCES. (2) (a) No LATER THAN JUNE 30, 2025, THE DEPARTMENT SHALL DEVELOP GUIDANCE FOR TRANSIT-ORIENTED COMMUNITIES IN CONDUCTING A DISPLACEMENT RISK ASSESSMENT AND IMPLEMENTING DISPLACEMENT MITIGATION STRATEGIES. THE DEPARTMENT SHALL UPDATE THIS GUIDANCE AS NECESSARY. (b) IN CREATING GUIDANCE FOR THE DISPLACEMENT RISK ASSESSMENT DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP A METHODOLOGY, WITH VARIATIONS FOR DIFFERENT LOCAL CONTEXTS INCLUDING THE SIZE AND RESOURCE LEVELS OF LOCAL GOVERNMENTS, FOR TRANSIT-ORIENTED COMMUNITIES WITHIN METROPOLITAN PLANNING ORGANIZATION BOUNDARIES TO USE TO: (I) GATHER FEEDBACK THROUGH COMMUNITY ENGAGEMENT; AND (II) IDENTIFY INFORMATION FROM NEIGHBORHOOD-LEVEL EARLY DISPLACEMENT WARNING AND RESPONSE SYSTEMS, OR IF THOSE SYSTEMS ARE UNAVAILABLE, IDENTIFY THE BEST AVAILABLE LOCAL, REGIONAL, STATE, OR FEDERAL DATA THAT CAN BE ANALYZED TO IDENTIFY RESIDENTS AT ELEVATED DISPLACEMENT RISK, WHICH MAY INCLUDE: (A) THE PERCENTAGE OF HOUSEHOLDS THAT ARE EXTREMELY LOW-INCOME, VERY LOW-INCOME, AND LOW-INCOME, AS DESIGNATED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; (B) THE PERCENTAGE OF HOUSEHOLDS THAT ARE RENTERS; (C) THE PERCENTAGE OF COST-BURDENED HOUSEHOLDS, DEFINED AS HOUSEHOLDS THAT SPEND MORE THAN THIRTY PERCENT OF THE HOUSEHOLD'S INCOME ON HOUSING NEEDS; PAGE 39-HOUSE BILL 24-1313 Page 173 of 340 (D) THE NUMBER OF ADULTS WHO ARE TWENTY-FIVE YEARS OF AGE OR OLDER AND HAVE NOT EARNED AT LEAST A HIGH SCHOOL DIPLOMA; (E) THE PERCENTAGE OF HOUSEHOLDS IN WHICH ENGLISH IS NOT THE PRIMARY SPOKEN LANGUAGE; (F) THE PERCENTAGE OF HOUSING STOCK BUILT PRIOR TO 1970; (G) THE LOCATION OF MANUFACTURED HOME PARKS; (H) AREAS THAT QUALIFY AS DISADVANTAGED AS DETERMINED WITH THE CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL DEVELOPED BY THE COUNCIL ON ENVIRONMENTAL QUALITY IN THE OFFICE OF THE PRESIDENT OF THE UNITED STATES; AND (I) THE TRANSIT-ORIENTED COMMUNITIES WHERE INCREASES IN ZONING CAPACITY WILL OCCUR AS A RESULT OF THE REQUIREMENTS OF THIS PART 2. (3) ON OR BEFORE JUNE 30, 2025, THE DEPARTMENT SHALL DEVELOP A LONG-TERM DISPLACEMENT MITIGATION STRATEGIES MENU THAT INCLUDES THE FOLLOWING STRATEGIES: (a) DEVELOPING A PROGRAM TO OFFER TECHNICAL ASSISTANCE AND FINANCIAL SUPPORT FOR COMMUNITY ORGANIZATIONS TO DEVELOP INDEPENDENT COMMUNITY LAND TRUSTS; (b) PRIORITIZING SPENDING ON REGULATED AFFORDABLE HOUSING UNIT PRESERVATION OR IMPLEMENTING OR CONTINUING DEED RESTRICTIONS FOR REGULATED AFFORDABLE HOUSING UNITS; (c) PROVIDING HOMESTEAD TAX EXEMPTIONS FOR EITHER LONG-TIME HOMEOWNERS IN NEIGHBORHOODS THAT A DISPLACEMENT RISK ASSESSMENT IDENTIFIES AS VULNERABLE TO DISPLACEMENT OR LOW- TO MODERATE-INCOME HOMEOWNERS WITHIN, OR WITHIN ONE-HALF MILE OF, A DESIGNATED TRANSIT CENTER; (d) REQUIRING MULTIFAMILY HOUSING DEVELOPERS TO CREATE A COMMUNITY BENEFITS AGREEMENT WITH AFFECTED POPULATIONS WITHIN ONE-QUARTER MILE OF A DEVELOPMENT BUILT IN AN AREA THAT IS PAGE 40-HOUSE BILL 24-1313 Page 174 of 340 VULNERABLE TO DISPLACEMENT; (e) ENSURING NO NET LOSS WITHIN THE DESIGNATED AREA OF AFFORDABLE UNITS SUCH THAT AFFORDABILITY LEVELS ARE EQUAL OR GREATER THAN EXISTING LEVELS OF FAMILY SERVING UNITS THAT INCLUDE THREE OR MORE BEDROOMS; (f) ESTABLISHING A PROGRAM TO PROVIDE COMMUNITY OR SMALL LOCAL BUSINESS INVESTMENT IN AN AREA THAT IS VULNERABLE TO DISPLACEMENT; AND (g) OTHER STRATEGIES IDENTIFIED BY THE DEPARTMENT THAT PROVIDE DISPLACEMENT MITIGATION EQUIVALENT TO THE OTHER STRATEGIES DESCRIBED IN THIS SUBSECTION (3). (4) IN DEVELOPING THE DISPLACEMENT RISK MITIGATION STRATEGIES MENU DESCRIBED IN SUBSECTION (3) OF THIS SECTION, THE DEPARTMENT'S GOALS MUST BE TO SUPPORT: (a) RESOURCES, SERVICES, AND INVESTMENTS THAT SERVE VULNERABLE HOMEOWNERS AND RENTERS WITH ELEVATED RISK OF DISPLACEMENT; (b) THE PRESERVATION OF REGULATED AFFORDABLE HOUSING STOCK; (c) LOCAL GOVERNMENT PLANNING AND LAND USE DECISIONS THAT INCORPORATE INCLUSIVE AND EQUITABLE DISPLACEMENT MITIGATION STRATEGIES, AND THE EMPOWERMENT OF LOW-INCOME PERSONS AND COMMUNITIES OF COLOR TO PARTICIPATE IN THOSE DECISIONS; AND (d) THE ABILITY OF VULNERABLE RESIDENTS TO REMAIN IN OR RETURN TO THEIR NEIGHBORHOODS OR COMMUNITIES BY ACCESSING NEW AFFORDABLE HOUSING OPPORTUNITIES IN THEIR NEIGHBORHOODS OR COMMUNITIES. 29-37-210. Transit-oriented communities infrastructure grant program - transit-oriented communities infrastructure fund - definitions. (1) Grant program created. THE TRANSIT-ORIENTED COMMUNITIES INFRASTRUCTURE GRANT PROGRAM IS CREATED IN THE PAGE 41-HOUSE BILL 24-1313 Page 175 of 340 DEPARTMENT. THE PURPOSE OF THE GRANT PROGRAM IS TO ASSIST LOCAL GOVERNMENTS IN UPGRADING INFRASTRUCTURE AND SUPPORTING REGULATED AFFORDABLE HOUSING IN TRANSIT CENTERS AND NEIGHBORI IOOD CENTERS. (2) Allowable purposes. GRANT RECIPIENTS MAY USE MONEY RECEIVED THROUGH THE GRANT PROGRAM TO FUND: (a) ON-SITE INFRASTRUCTURE FOR AFFORDABLE HOUSING, INCLUDING REGULATED AFFORDABLE HOUSING, WITHIN A TRANSIT CENTER OR NEIGHBORI IOOD CENTER; (b) PUBLIC INFRASTRUCTURE PROJECTS THAT ARE WITHIN, OR THAT PRIMARILY BENEFIT, A TRANSIT CENTER OR NEIGHBORHOOD CENTER; (c) PUBLIC INFRASTRUCTURE PROJECTS THAT BENEFIT AFFORDABLE HOUSING, INCLUDING REGULATED AFFORDABLE HOUSING, IN A TRANSIT CENTER OR NEIGHBORHOOD CENTER; (d) ACTIVITIES RELATED TO DETERMINING WHERE AND HOW BEST TO IMPROVE INFRASTRUCTURE TO SUPPORT A TRANSIT CENTER OR NEIGHBORHOOD CENTER; (e) INFRASTRUCTURE PROJECT DELIVERY, PLANNING, AND COMMUNITY ENGAGEMENT; AND (f) ACTIVITIES CONTRACTED BY AN AREA AGENCY ON AGING, AS DEFINED IN SECTION 26-11-201(2), TO A TRANSIT-ORIENTED COMMUNITY TO PROVIDE SERVICES WITHIN, OR THAT BENEFIT, TRANSIT CENTERS AND NEIGHBORHOOD CENTERS, AND THAT FURTHER THE GOALS OF THIS PART 2. (3) Grant program administration. THE DEPARTMENT SHALL ADMINISTER THE GRANT PROGRAM AND, SUBJECT TO AVAILABLE APPROPRIATIONS, AWARD GRANTS AS PROVIDED IN SUBSECTION (7) OF THIS SECTION AND PROVIDE TECHNICAL ASSISTANCE TO LOCAL GOVERNMENTS IN COMPLYING WITH THE REQUIREMENTS OF THIS PART 2. (4) Grant program policies and procedures. THE DEPARTMENT SHALL IMPLEMENT THE GRANT PROGRAM IN ACCORDANCE WITH THIS SECTION. THE DEPARTMENT SHALL DEVELOP POLICIES AND PROCEDURES AS PAGE 42-HOUSE BILL 24-1313 Page 176 of 340 NECESSARY TO IMPLEMENT THE GRANT PROGRAM. (5) Grant application. To RECEIVE A GRANT, A LOCAL GOVERNMENT MUST SUBMIT AN APPLICATION TO THE DEPARTMENT IN ACCORDANCE WITH POLICIES AND PROCEDURES DEVELOPED BY THE DEPARTMENT. (6) Grant program criteria. THE DEPARTMENT SHALL REVIEW THE APPLICATIONS RECEIVED PURSUANT TO THIS SECTION AND SHALL ONLY AWARD GRANTS TO CERTIFIED TRANSIT-ORIENTED COMMUNITIES. IN AWARDING GRANTS, THE DEPARTMENT SHALL CONSIDER THE FOLLOWING CRITERIA: (a) THE POTENTIAL IMPACT OF A PROJECT THAT A LOCAL GOVERNMENT WOULD FUND WITH A GRANT AWARD ON THE DEVELOPMENT OF REGULATED AFFORDABLE HOUSING, MIXED-USE DEVELOPMENT, ACCESSIBLE OR VISITABLE HOUSING UNITS, OR THE CREATION OR ENHANCEMENT OF HOME OWNERSHIP OPPORTUNITIES WITHIN A TRANSIT CENTER OR NEIGHBORHOOD CENTER. IF A PROJECT IS A LARGE-SCALE INFILL DEVELOPMENT PROJECT, SUBJECT TO A DISCRETIONARY APPROVAL PROCESS, AND ADJACENT TO AN ESTABLISHED NEIGHBORHOOD, THE DEPARTMENT SHALL GIVE PRIORITY TO SUCH A PROJECT IF A COMMUNITY BENEFITS AGREEMENT HAS BEEN ESTABLISHED IN CONNECTION WITH THE PROJECT. (b) IN RESPONSE TO DEMONSTRATED NEEDS, THE EXTENT TO WHICH THE LOCAL GOVERNMENT HAS: (I) INTEGRATED MIXED-USE DEVELOPMENT BY ALLOWING NEIGHBORHOOD COMMERCIAL USES THAT HAVE THE MAIN PURPOSE OF MEETING CONSUMER DEMANDS FOR GOODS AND SERVICES WITH AN EMPHASIS ON SERVING THE SURROUNDING RESIDENTIAL NEIGHBORHOOD WITHIN ONE-QUARTER MILE OF A TRANSIT CENTER OR NEIGHBORHOOD CENTER; (II) ADOPTED AFFORDABILITY STRATEGIES FROM THE AFFORDABILITY STRATEGIES MENUS IN SECTION 29-37-208 BASED ON THE LOCAL GOVERNMENT'S DEMONSTRATED HOUSING NEEDS, INCLUDING HOUSING NEEDS FOR RENTAL AND FOR-SALE HOUSING AND FOR LOW-, MODERATE-, AND MEDIUM-INCOME HOUSEHOLDS, AS DESIGNATED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND PAGE 43-HOUSE BILL 24-1313 Page 177 of 340 PERMANENT SUPPORTIVE HOUSING; (III) ADOPTED DISPLACEMENT MITIGATION STRATEGIES FROM THE DISPLACEMENT MITIGATION STRATEGIES MENU IN SECTION 29-37-209; AND (IV) DESIGNATED NEIGHBORHOOD CENTERS WITHIN OPTIONAL TRANSIT AREAS; AND (c) INFORMATION CONTAINED IN THE REPORTS SUBMITTED BY A LOCAL GOVERNMENT PURSUANT TO SECTION 29-37-204 THAT PROVIDES EVIDENCE THAT THE LOCAL GOVERNMENT HAS MET THE REQUIREMENTS OF SECTION 29-37-204. (7) Grant awards. SUBJECT TO AVAILABLE APPROPRIATIONS, THE DEPARTMENT SHALL AWARD GRANTS USING MONEY IN THE FUND AS PROVIDED IN THIS SECTION. (8) Transit-oriented communities infrastructure fund. (a) (I) THE TRANSIT-ORIENTED COMMUNITIES INFRASTRUCTURE FUND IS CREATED IN THE STATE TREASURY. THE FUND CONSISTS OF MONEY TRANSFERRED TO THE FUND PURSUANT TO SUBSECTION (8)(a)(III) OF THIS SECTION, GIFTS, GRANTS, AND DONATIONS, AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND. THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND. (II) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE DEPARTMENT FOR THE PURPOSE OF IMPLEMENTING THE GRANT PROGRAM, AND THE DEPARTMENT MAY EXPEND UP TO SIX PERCENT OF ANY MONEY IN THE FUND FOR COSTS INCURRED BY THE DEPARTMENT IN ADMINISTERING THE GRANT PROGRAM. (III) ON JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER THIRTY-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND. (9) Reporting. (a) ON OR BEFORE JANUARY 1, 2025, AND EACH JANUARY 1 THEREAFTER FOR THE DURATION OF THE GRANT PROGRAM, THE DEPARTMENT SHALL SUBMIT A SUMMARIZED REPORT TO THE HOUSE OF REPRESENTATIVES TRANSPORTATION, HOUSING, AND LOCAL GOVERNMENT COMMITTEE AND THE SENATE LOCAL GOVERNMENT AND HOUSING PAGE 44-HOUSE BILL 24-1313 Page 178 of 340 COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, ON RELEVANT INFORMATION REGARDING THE GRANT PROGRAM. (b) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORTING REQUIREMENTS SET FORTH IN THIS SECTION CONTINUE UNTIL ALL GRANT PROGRAM MONEY IS FULLY EXPENDED. (10) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) "FUND" MEANS THE TRANSIT-ORIENTED COMMUNITIES INFRASTRUCTURE FUND CREATED IN SUBSECTION (8)(a) OF THIS SECTION. (b) "GRANT PROGRAM" MEANS THE TRANSIT-ORIENTED COMMUNITIES INFRASTRUCTURE GRANT PROGRAM CREATED IN THIS SECTION. SECTION 2. In Colorado Revised Statutes, 24-67-105, add (5.5) as follows: 24-67-105. Standards and conditions for planned unit development - definitions. (5.5) (a) ANY PLANNED UNIT DEVELOPMENT RESOLUTION OR ORDINANCE THAT APPLIES WITHIN A TRANSIT CENTER OR NEIGHBORHOOD CENTER THAT IS ADOPTED OR APPROVED BY A LOCAL GOVERNMENT ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (5.5) MUST NOT RESTRICT THE DEVELOPMENT OF HOUSING IN ANY MANNER THAT IS INCONSISTENT WITH THE REQUIREMENTS FOR DESIGNATING AN AREA AS A TRANSIT CENTER PURSUANT TO SECTION 29-37-205, OR AS A NEIGHBORHOOD CENTER PURSUANT TO SECTION 29-37-206. (b) ANY PLANNED UNIT DEVELOPMENT RESOLUTION OR ORDINANCE THAT APPLIES WITHIN A TRANSIT CENTER OR NEIGHBORHOOD CENTER THAT IS ADOPTED OR APPROVED BY A LOCAL GOVERNMENT BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (5.5) AND THAT RESTRICTS THE DEVELOPMENT OF HOUSING IN ANY MANNER THAT IS INCONSISTENT WITH THE REQUIREMENTS FOR DESIGNATING AN AREA AS A TRANSIT CENTER PURSUANT TO SECTION 29-37-205, OR AS A NEIGHBORHOOD CENTER PURSUANT TO SECTION 29-37-206: (I) MUST NOT BE INTERPRETED OR ENFORCED TO RESTRICT THE PAGE 45-I LOUSE BILL 24-1313 Page 179 of 340 DEVELOPMENT OF MULTIFAMILY RESIDENTIAL DWELLING UNITS SO THAT A TRANSIT-ORIENTED COMMUNITY COULD NOT DESIGNATE AN AREA AS A TRANSIT CENTER OR NEIGHBORHOOD CENTER THAT WOULD OTHERWISE QUALIFY AS SUCH; AND (II) MAY BE SUPERSEDED BY THE ADOPTION OF A LOCAL LAW ADOPTED IN ACCORDANCE WITH THE REQUIREMENTS FOR DESIGNATION OF A TRANSIT CENTER PURSUANT TO SECTION 29-37-205, OR AS A NEIGHBORHOOD CENTER PURSUANT TO SECTION 29-37-206. (C) NOTWITHSTANDING SUBSECTION (5.5)(b) OF THIS SECTION, A LOCAL GOVERNMENT MAY ADOPT CONFORMING AMENDMENTS TO ANY SUCH PLANNED UNIT DEVELOPMENT RESOLUTION OR ORDINANCE. (d) AS USED IN THIS SUBSECTION (5.5), UNLESS THE CONTEXT OTHERWISE REQUIRES: (I) "LOCAL LAW" HAS THE SAME MEANING AS SET FORTH IN SECTION 29-37-102 (12). (II) "NEIGHBORHOOD CENTER" HAS THE SAME MEANING AS SET FORTH IN SECTION 29-37-202 (5). (III) "TRANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN SECTION 29-37-202 (10). SECTION 3. In Colorado Revised Statutes, 29-20-203, add (1.5) as follows: 29-20-203. Conditions on land-use approvals. (1.5) WHEN REQUIRING AN OWNER OF PRIVATE PROPERTY TO DEDICATE REAL PROPERTY TO THE PUBLIC, IF THE SUBJECT PROPERTY DOES NOT MEET LOCAL GOVERNMENT STANDARDS FOR DEDICATION AS DETERMINED BY THE LOCAL GOVERNMENT, INCLUDING DEDICATION TO THE PARKS, TRAILS, OR OPEN SPACE SYSTEMS, A LOCAL GOVERNMENT SHALL PROVIDE THE PRIVATE PROPERTY OWNER THE OPTION OF PAYING A FEE IN LIEU OF DEDICATION. SECTION 4. In Colorado Revised Statutes, 38-33.3-106.5, add (5) as follows: PAGE 46-HOUSE BILL 24-1313 Page 180 of 340 38-33.3-106.5. Prohibitions contrary to public policy - patriotic, political, or religious expression - public rights-of-way - fire prevention - renewable energy generation devices - affordable housing - drought prevention measures - child care - definitions. (5) (a) IN A TRANSIT CENTER OR NEIGHBORHOOD CENTER, AN ASSOCIATION SHALL NOT ADOPT A PROVISION OF A DECLARATION, BYLAW, OR RULE ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (5) THAT RESTRICTS THE DEVELOPMENT OF HOUSING MORE THAN THE LOCAL LAW THAT APPLIES WITHIN THE TRANSIT CENTER OR NEIGHBORHOOD CENTER, AND ANY PROVISION OF A DECLARATION, BYLAW, OR RULE THAT INCLUDES SUCH A RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY. (b) IN A TRANSIT CENTER OR NEIGHBORHOOD CENTER, NO PROVISION OF A DECLARATION, BYLAW, OR RULE OF AN ASSOCIATION THAT IS ADOPTED BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (5) MAY RESTRICT THE DEVELOPMENT OF HOUSING MORE THAN THE LOCAL LAW THAT APPLIES WITHIN THE TRANSIT CENTER OR NEIGHBORHOOD CENTER, AND ANY PROVISION OF A DECLARATION, BYLAW, OR RULE THAT INCLUDES SUCH A RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY. (c) AS USED IN THIS SUBSECTION (5), UNLESS THE CONTEXT OTHERWISE REQUIRES: (I) "LOCAL LAW" HAS THE SAME MEANING AS SET FORTH IN SECTION 29-37-102 (11). (II) "NEIGHBORHOOD CENTER" HAS THE SAME MEANING AS SET FORTH IN SECTION 29-37-202 (5). (III) "TRANSIT CENTER" HAS THE SAME MEANING AS SET FORTH IN SECTION 29-37-202 (10). SECTION 5. In Colorado Revised Statutes, 43-1-1103, add (5.5) as follows: 43-1-1103. Transportation planning. (5.5) THE DEPARTMENT OF TRANSPORTATION SHALL CONDUCT A STUDY THAT IDENTIFIES: (a) POLICY BARRIERS AND OPPORTUNITIES WITHIN THE DEPARTMENT THAT INCLUDES AN EXAMINATION OF POLICIES WITHIN THE STATE ACCESS PAGE 47-HOUSE BILL 24-1313 Page 181 of 340 CODE, ROADWAY DESIGN STANDARDS, AND THE TREATMENT OF PEDESTRIAN AND BICYCLE CROSSINGS. THE STUDY SHALL EXAMINE THE IMPACT OF THESE POLICIES ON NEIGHBORHOOD CENTERS AND TRANSIT CENTERS, INCLUDING THE IMPACT ON HOUSING PRODUCTION, THE IMPLEMENTATION OF CONTEXT-SENSITIVE DESIGN, COMPLETE STREETS, AND PEDESTRIAN-BICYCLE SAFETY MEASURES; AND (b) THE PORTIONS OF STATE HIGHWAY THAT PASS THROUGH LOCALLY-IDENTIFIED TRANSIT CENTERS AND NEIGHBORHOOD CENTERS THAT ARE APPROPRIATE FOR CONTEXT-SENSITIVE DESIGN, COMPLETE STREETS AS DEFINED IN THE "INFRASTRUCTURE INVESTMENT AND JOBS ACT", PUB.L. 117-5, AND PEDESTRIAN-BICYCLE SAFETY MEASURES. SECTION 6. Appropriation. (1) For the 2024-25 state fiscal year, $183,138 is appropriated to the office of the governor for use by the Colorado energy office. This appropriation is from the general fund and is based on the assumption that the office will require an additional 0.8 FTE. To implement this act, the office may use this appropriation for program administration. (2) For the 2024-25 state fiscal year, $70,000 is appropriated to the office of the governor for use by the office of information technology. This appropriation is from reappropriated funds received from the department of local affairs from the transit-oriented communities infrastructure fund created in section 29-37-210 (8)(a)(I), C.R.S. To implement this act, the office may use this appropriation to provide information technology services for the department of local affairs. SECTION 7. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate PAGE 48-FIOUSE BILL 24-1313 Page 182 of 340 preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions. Julie McCluskie SPEAKER OF THE HOUSE OF REPRESENTATIVES Robin Jones CHIEF CLERK OF T HOUSE OF REPRESENTATIVES ve Fenberg PRESIDENT OF THE SENATE Cindi L. Markwell SECRETARY OF THE SENATE APPROVED %idol, t\Acut B4a, 2.0N cur -0O eYr1 (Date and Time) Jare G S. Po is • R OF THE ST • T F COLORALO PAGE 49-HOUSE BILL 24-1313 Page 183 of 340 HB2024-1313: Transit-Oriented Communities (TOC) December 9, 2024 Presented By: John Voboril, Senior Planner Pa g e 1 8 4 o f 3 4 0 HB2024-1313: Summary •The law identifies local governments that must create, report, and implement a housing opportunity goal to increase housing inventory. •The law requires that transit-oriented communities submit a housing opportunity goal report to DOLA. The report must: •calculate a housing opportunity goal to determine a target average zoned housing density; •include data, methodology and maps used to calculate the goal; •identify zoning districts that may qualify as transit centers or neighborhood centers; •adopt affordability strategies, displacement mitigation strategies, and implementation plans; and, •if applicable, provide an analysis that there are insufficient water supplies to provide the needed domestic service necessary to meet the goal. Pa g e 1 8 5 o f 3 4 0 HB2024-1313: Timeline of Key Milestones September 30, 2024:State release of transit area maps for housing goals. February 28, 2025:State release of housing goals calculation guidance. June 30, 2025:Local preliminary assessment report due to state. State release of affordability/displacement strategies. December 31, 2026:Housing opportunity goal and strategies compliance report due to state for review. December 31, 2027:Deadline to qualify as a certified Transit-Oriented Community for grants and income tax credits.Pa g e 1 8 6 o f 3 4 0 HB2024-1313: Analysis •Englewood LRT Station •Oxford LRT Station •S. Broadway Bus Corridor (Yale-Hampden) •S. Federal Bus Rapid Transit Corridor • (W. Dartmouth Avenue, Inca-Zuni) •S. Federal Bus Corridor (Radcliff-Belleview) •Evans Bus Corridor (Pecos-Zuni)Pa g e 1 8 7 o f 3 4 0 HB2024-1313: Analysis •Yellow = Non-exempt •Blue = Exempt •Parcels Qualifying as Exempt (most common): •Industrial •Park/Open Space •School/Government •Utility •Future CityCenter development parcels initially classified as exempt - government land.Pa g e 1 8 8 o f 3 4 0 HB2024-1313: Analysis •Total non-exempt (yellow) acreage X 40 units/acre = housing opportunity goal •Non-exempt (yellow) acreage = 582.83 •582.83 acres X 40 units/acre = 23,313 units •Preliminary Housing Opportunity Goal = 23,313 dwelling units Pa g e 1 8 9 o f 3 4 0 HB2024-1313: Analysis * Estimated zoning maximum housing units exceeds housing opportunity goal by 1,467 (6.3%). Zone District Standard Lot Density Units/Acre Acreage Total Units R-1-A 9 71.625 644 R-1-B 10 19.997 199 R-1-C 13 121.468 1,579 R-2-A 30 25.439 763 R-2-B 41 114.104 4,678 MU-R-3-A 41 17.141 702 MU-R-3-B 44 26.406 1,161 MU-B-1 100 89.326 8,932 MU-B-2 100 55.285 5,528 PUD (11)# of Units Approved 37.343 594 578.134 24,780 Pa g e 1 9 0 o f 3 4 0 HB2024-1313: Conclusion •City likely will meet zoning residential density requirements without adjustments but will still need to designate transit center(s). •City has flexibility in the determination of city-designated transit center boundaries. •Potential optional decision to include certain City-Center and industrial-zoned parcels as non-exempt. Industrial property designated would require administrative approval for residential development. •Potential optional decision to expand transit-oriented community to other areas such as Old Hampden, the Wellness District or South Broadway.Pa g e 1 9 1 o f 3 4 0 HB2024-1313: Conclusion •TOC Area Benefits •Eligible for planning and infrastructure grants. •Eligible for additional low-income housing tax credits. •Structural guidance and assistance in the development of affordable housing, land use, and zoning policies. Pa g e 1 9 2 o f 3 4 0 ____________________________________________________________________________ TO: THRU: FROM: DATE: Mayor Sierra and Council Members Brad Power, Community Development Director Bryan Isham, Community Development Planning Manager John Voboril, Community Development Senior Planner December 9, 2024 SUBJECT: Colorado HB2024-1304: Minimum Parking Requirements DESCRIPTION: Informational study session regarding Colorado HB2024-1304: Minimum Parking Requirements. RECOMMENDATION: Staff recommends council review of the study session communication regarding legislative details that may have future implications for the regulated development and growth of the city. PREVIOUS ACTION: Council has not previously conducted a review or discussion regarding recently enacted state land use laws. SUMMARY: The following summary of Colorado HB2024-1304: Minimum Parking Requirements was developed by Colorado Legislative Council Staff: Summary of Legislation The law creates various rules and requirements concerning minimum parking requirements for local governments that are members of a metropolitan planning organization. Prohibition of Minimum Parking Requirements. On or after June 30, 2025, the law prohibits affected local governments from enacting or enforcing minimum parking requirements. The prohibition does not apply to protections for individuals with disabilities; maximum parking requirements; minimum parking for bicycles; funding for affordable housing that requires a ratio of a certain number of parking spaces; or parking Page 193 of 340 2 spaces voluntarily provided in connection with a land use approval, with certain conditions. Correspondingly, the law prohibits local governments from qualifying for a state gift, grant, or award on the basis of reducing a parking requirement or eliminating a minimum parking requirement. Reporting Requirements. On or before December 31, 2025, the law l requires local governments to submit a report to the Department of Local Affairs (DOLA) demonstrating the local government’s compliance with the law. DOLA, in consultation with the Department of Transportation (CDOT) and the Colorado Energy Office (CEO) may develop policies and procedures to implement these requirements. The law requires these agencies to perform this work within existing resources. Parking Supply and Management Materials. By December 31, 2024, the law requires DOLA to coordinate with CDOT and the CEO, as well as to consult with stakeholders outlined in the law, to develop and publish best practices and technical assistance materials on optimal parking supply and management. The materials should include sample language to replace existing parking minimum requirements with other incentives to support affordable housing, and transportation demand management, and other planning goals. The law requires these agencies to perform this work with existing resources. DOLA must present these materials and best practices to the General Assembly during the 2025 regular session. ANALYSIS: Timeline of Key Milestones. September 30, 2024: State release of transit areas maps (includes all bus routes). December 31, 2024: DOLA to consult with DOT and CEO to assist in the technical aspects and strategies of residential parking management, to be disseminated to local communities for adoption. June 30, 2025: Limitations on minimum parking requirements – no longer allowed to enact or enforce local laws that establish a minimum parking requirement. December 31, 2025 Submit local report demonstrating compliance to state. December 31, 2026: Submit information to state regarding a minimum parking requirement imposed or enforced. State Regulation of Minimum Parking Requirements for Multi-unit Residential Uses Colorado HB2024-1304 prevents communities from imposing minimum parking requirements in association with an approval of a proposed new residential housing development project or approval of an adaptive reuse as a residential housing Page 194 of 340 3 development project consisting of nineteen residential units or less that is located at least partially within a transit service area. The transit service area for the minimum parking requirements legislation includes bus corridors with minimum headways of thirty minutes for at least four hours per weekday. In order for a community to impose a minimum parking requirement no greater than one parking space per residential unit for a residential housing development project consisting of twenty (20) or more residential units, a local government must, no later than ninety (90) days after receiving a completed application for a residential housing development project, publicly publish written findings that failure to impose or enforce a minimum parking requirement in connection with the proposed residential housing development project would have a substantial negative impact. A local government’s written findings must be supported by substantial evidence that supports the finding of a substantial negative impact on the following: x Safe pedestrian, bicycle, or emergency access to the residential housing development project; or x Existing on- or off-street parking spaces within one eighth-mile of the residential housing development project. The written findings must be reviewed and approved by a professional engineer, include parking utilization data collected from the areas within one-eighth mile of the residential housing development project, and demonstrate that the local government’s implementation of strategies to manage demand for on-street parking within one-eighth mile of the residential housing development project would not be effective to mitigate the substantial negative impact. On or before December 31, 2026, and every December 31st thereafter, a local government shall submit information regarding new residential housing development project minimum parking requirements imposed or enforced to the Colorado State Department of Local Affairs. There are no expressed financial incentives included in the HB24-1304 legislation. CONCLUSION: This legislation would require amendments to the parking regulations included in Title 16. The minimum parking requirements will likely be most impactful for small lots that could potentially be developed with up to nineteen (19) residential units while providing no on- site parking. COUNCIL ACTION REQUESTED: Staff will provide a summary of Colorado HB2024-1304: Minimum Parking Requirements, followed by an opportunity for council questions and discussion. Page 195 of 340 4 FINANCIAL IMPLICATIONS: There is no fiscal impact associated with this recommended action. CONNECTION TO STRATEGIC PLAN: Colorado HB2024-1304: Minimum Parking Requirements addresses the following strategic plan goals: Transportation x Ensure access and increased opportunities for multi-modal transportation. x Invest in maintaining transportation infrastructure and modifying it. x Increase access to multi-modal transportation options and ensure most needs are met within a travel distance of 15 minutes. Community Wellbeing x Explore and implement opportunities to increase affordable housing opportunities in Englewood. OUTREACH/COMMUNICATIONS: No outreach or communications has been conducted regarding recently enacted Colorado HB2024-1304: Minimum Parking Requirements. ATTACHMENTS: Attachment #1 – HB2024-1304 Minimum Parking Requirements (Signed) Attachment #2 – Staff presentation Page 196 of 340 HOUSE BILL 24-1304 BY REPRESENTATIVE(S) Vigil and Woodrow, Bacon, Boesenecker, deGruy Kennedy, Epps, Froelich, Hernandez, Herod, Jodeh, Joseph, Kipp, Mabrey, Rutinel, Sirota, Lindsay, Mauro, Parenti, Weissman, Willford, McCluskie; also SENATOR(S) Priola and Hinrichsen, Cutter, Gonzales, Jaquez Lewis. CONCERNING PARKING REQUIREMENTS WITHIN METROPOLITAN PLANNING ORGANIZATIONS. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add article 36 to title 29 as follows: ARTICLE 36 Strategic Growth 29-36-101. Legislative declaration. (1) THE GENERAL ASSEMBLY FINDS, DETERMINES, AND DECLARES THAT: (a) THERE IS AN EXTRATERRITORIAL IMPACT WHEN LOCAL GOVERNMENTS ENACT LAND USE DECISIONS THAT REQUIRE A MINIMUM Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. Page 197 of 340 AMOUNT OF PARKING SPACES; (b) RESIDENTIAL DEVELOPMENTS FREQUENTLY HAVE MORE PARKING THAN IS UTILIZED, WHICH ADDS TO HOUSING COSTS AND ENCOURAGES ADDITIONAL VEHICLE OWNERSHIP AND VEHICLE MILES TRAVELED. ACCORDING TO THE REGIONAL TRANSPORTATION DISTRICT STUDY TITLED "RESIDENTIAL PARKING IN STATION AREAS: A STUDY OF METRO DENVER", UNSUBSIDIZED HOUSING DEVELOPMENTS NEAR REGIONAL TRANSPORTATION DISTRICT STATIONS PROVIDE FORTY PERCENT MORE PARKING THAN RESIDENTS UTILIZE AT PEAK TIMES, AND INCOME-RESTRICTED HOUSING DEVELOPMENTS PROVIDE FIFTY PERCENT MORE PARKING THAN IS USED. (C) THE 2021 STUDY "PARKING & AFFORDABLE HOUSING" OF PARKING UTILIZATION AT AFFORDABLE HOUSING DEVELOPMENTS ALONG THE FRONT RANGE FOUND THAT HALF OF PARKING SPACES BUILT ON AVERAGE GO UNUSED, AND THAT REQUIREMENTS CAN BE UP TO FIVE TIMES THE NEED ESPECIALLY FOR BUILDINGS SERVING LOWER AREA MEDIAN INCOMES; (d) LOCAL GOVERNMENT LAND USE DECISIONS THAT REQUIRE A MINIMUM AMOUNT OF PARKING SPACES BEYOND WHAT IS NECESSARY TO MEET MARKET DEMAND INCREASE VEHICLE MILES TRAVELED AND ASSOCIATED GREENHOUSE GAS EMISSIONS. ACCORDING TO A UNIVERSITY OF CALIFORNIA INSTITUTE OF TRANSPORTATION STUDIES ARTICLE TITLED "WHAT Do RESIDENTIAL LOTTERIES SHOW US ABOUT TRANSPORTATION CHOICES?", HIGHER AMOUNTS OF FREE PARKING PROVIDED IN RESIDENTIAL DEVELOPMENTS CAUSE HIGHER RATES OF VEHICLE OWNERSHIP, HIGHER RATES OF VEHICLE MILES TRAVELED, AND LESS FREQUENT TRANSIT USE. (e) ACCORDING TO THE STUDY "EFFECTS OF PARKING PROVISION ON AUTOMOBILE USE IN U.S. CITIES: INFERRING CAUSALITY" IN THE JOURNAL TRANSPORTATION RESEARCH RECORD, AN INCREASE IN PARKING PROVISIONS FROM ONE-TENTH TO ONE-HALF PARKING SPACE PER PERSON IS ASSOCIATED WITH AN INCREASE IN AUTOMOBILE MODE SHARE OF ROUGHLY THIRTY PERCENT; (f) ACCORDING TO THE ARTICLE "HOUSEHOLDS WITH CONSTRAINED OFF-STREET PARKING DRIVE FEWER MILES" IN THE JOURNAL TRANSPORTATION, VEHICLE OWNERSHIP RATES ARE FOURTEEN PERCENT HIGHER FOR HOUSEHOLDS WITH MORE THAN ONE AVAILABLE PARKING SPACE PER UNIT COMPARED TO THOSE WITH ONE OR FEWER, AND FOR EVERY PAGE 2-HOUSE BILL 24-1304 Page 198 of 340 ADDITIONAL VEHICLE PER HOUSEHOLD, THE HOUSEHOLD TRAVELS ON AVERAGE SEVENTEEN MORE MILES OF TOTAL VEHICLE MILES TRAVELED PER DAY; (g) COLORADANS DRIVE MORE MILES PER PERSON THAN THEY USED TO, WHICH PUTS STRESS ON TRANSPORTATION INFRASTRUCTURE AND INCREASING HOUSEHOLD COSTS. SINCE 1981, PER CAPITA VEHICLE MILES TRAVELED IN COLORADO HAVE RISEN BY OVER TWENTY PERCENT ACCORDING TO DATA FROM THE FEDERAL HIGHWAY ADMINISTRATION. (h) INCREASED VEHICLE OWNERSHIP AND THE RESULTING VEHICLE MILES TRAVELED IMPACT NEIGHBORING JURISDICTIONS BY INCREASING CONGESTION, ROADWAY INFRASTRUCTURE MAINTENANCE COSTS, AIR POLLUTION, NOISE, AND GREENHOUSE GAS EMISSIONS; (1) GIVEN THE CLOSE PROXIMITY AND INTERCONNECTED NATURE OF JURISDICTIONS WITHIN COLORADO'S METROPOLITAN REGIONS, MANY RESIDENTS TRAVEL FREQUENTLY BETWEEN JURISDICTIONS FOR WORK, SHOPPING, RECREATION, AND OTHER TRIPS; (j) IN COLORADO'S MAJOR CITIES, A SIGNIFICANT SHARE OF EMPLOYEES COMMUTE TO JOBS IN THE CITY BUT LIVE ELSEWHERE, INCLUDING SEVENTY PERCENT OF EMPLOYEES IN DENVER, FORTY-FIVE PERCENT IN COLORADO SPRINGS, SIXTY PERCENT IN FORT COLLINS, FIFTY PERCENT IN PUEBLO, AND SIXTY-FIVE PERCENT IN GRAND JUNCTION, ACCORDING TO 2021 DATA FROM THE FEDERAL CENSUS; (k) EXCESSIVE PARKING REQUIREMENTS LIMIT COMPACT, WALKABLE DEVELOPMENT BY MANDATING ADDITIONAL SPACE BETWEEN USES, WHICH THEN NECESSITATES DRIVING TO REACH MOST DESTINATIONS; (1) LOWER DENSITY DEVELOPMENT HAS LOWERED REVENUE AND INCREASED CAPITAL AND MAINTENANCE COSTS COMPARED TO MORE COMPACT DEVELOPMENT. NATIONAL STUDIES, SUCH AS THE ARTICLE "RELATIONSHIPS BETWEEN DENSITY AND PER CAPITA MUNICIPAL SPENDING IN THE UNITED STATES", PUBLISHED IN URBAN SCIENCE, HAVE FOUND THAT LOWER DENSITY COMMUNITIES HAVE HIGHER GOVERNMENT CAPITAL AND MAINTENANCE COSTS FOR WATER, SEWER, AND TRANSPORTATION INFRASTRUCTURE AND LOWER PROPERTY AND SALES TAX REVENUE. THESE INCREASED COSTS ARE OFTEN BORNE BY BOTH STATE AND LOCAL PAGE 3-HOUSE BILL 24-1304 Page 199 of 340 GOVERNMENTS. (m) VEHICLE TRAFFIC, WHICH INCREASES WHEN LAND USE PATTERNS ARE MORE DISPERSED, CONTRIBUTES TWENTY PERCENT OF NITROGEN OXIDE EMISSIONS, A KEY OZONE PRECURSOR, ACCORDING TO THE EXECUTIVE SUMMARY OF THE MODERATE AREA OZONE STATE IMPLEMENTATION PLAN FOR THE 2015 OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS BY THE REGIONAL AIR QUALITY COUNCIL; (n) THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS CLASSIFIED THE DENVER METRO AREA AND THE NORTH FRONT RANGE AREA AS BEING IN SEVERE NONATTAINMENT FOR OZONE AND GROUND LEVEL OZONE, WHICH HAS SERIOUS IMPACTS ON HUMAN HEALTH, PARTICULARLY FOR VULNERABLE POPULATIONS; (0) ACCORDING TO THE GREENHOUSE GAS POLLUTION REDUCTION ROADMAP, PUBLISHED BY THE COLORADO ENERGY OFFICE AND DATED JANUARY 14, 2021, THE TRANSPORTATION SECTOR IS THE SINGLE LARGEST SOURCE OF GREENHOUSE GAS POLLUTION IN COLORADO; (p) NEARLY SIXTY PERCENT OF THE GREENHOUSE GAS EMISSIONS FROM THE TRANSPORTATION SECTOR COME FROM LIGHT-DUTY VEHICLES, THE MAJORITY OF CARS AND TRUCKS THAT COLORADANS DRIVE EVERY DAY; (q) SECTION 43-1-128 (3) DIRECTS THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH GREENHOUSE GAS REDUCTION TARGETS, GUIDELINES, AND PROCEDURES FOR STATE AND REGIONAL TRANSPORTATION PLANS, AND THE RESULTING GREENHOUSE GAS PLANNING RULE AND ASSOCIATED MITIGATION POLICY DIRECTIVES INCLUDE A LIST OF GREENHOUSE GAS MITIGATION MEASURES TO ACHIEVE THOSE TARGETS, INCLUDING THE ELIMINATION OF MINIMUM PARKING REQUIREMENTS AND OTHER PARKING MANAGEMENT STRATEGIES; (r) LOCAL GOVERNMENT LAND USE DECISIONS THAT REQUIRE A MINIMUM AMOUNT OF PARKING SPACES INCREASE THE COST OF NEW RESIDENTIAL PROJECTS, WHICH INCREASES HOUSING COSTS. ACCORDING TO THE REGIONAL TRANSPORTATION DISTRICT STUDY TITLED "RESIDENTIAL PARKING IN STATION AREAS: A STUDY OF METRO DENVER", STRUCTURED PARKING SPACES IN THE DENVER METROPOLITAN AREA COST TWENTY-FIVE THOUSAND DOLLARS EACH TO BUILD IN 2020 AND USE SPACE THAT WOULD PAGE 4-11OUSE BILL 24-1304 Page 200 of 340 OTHERWISE BE USED FOR REVENUE GENERATING RESIDENTIAL UNITS, DECREASING THE PROFITABILITY OF RESIDENTIAL DEVELOPMENT. AS A RESULT, PARKING REQUIREMENTS THAT NECESSITATE THE CONSTRUCTION OF STRUCTURED PARKING SPACES MAY DISCOURAGE DEVELOPERS FROM BUILDING NEW RESIDENTIAL PROJECTS, OR, IF THEY DO MOVE FORWARD WITH PROJECTS, FORCE THEM TO RECOUP THE COSTS OF BUILDING EXCESSIVE PARKING BY INCREASING HOUSING PRICES. (s) OFF-STREET SURFACE PARKING COSTS UP TO TEN THOUSAND DOLLARS PER SPACE, AND EACH SPACE REQUIRES UP TO TWO AND ONE-HALF TIMES ITS SQUARE FOOTAGE TO ACCOMMODATE. AS A RESULT, OFF-STREET SURFACE PARKING REQUIREMENTS ALSO MAY DISCOURAGE DEVELOPERS FROM BUILDING NEW RESIDENTIAL PROJECTS, OR, IF THEY DO MOVE FORWARD WITH PROJECTS, FORCE THEM TO BUILD FEWER UNITS THAN THEY OTHERWISE COULD AND RECOUP THE EXCESSIVE COST BY INCREASING HOME PRICES AND RENTS. AN ANALYSIS CONDUCTED BY THE PARKING REFORM NETWORK FOUND THAT AN OFF-STREET PARKING SPACE CAN ADD BETWEEN TWO HUNDRED AND FIVE HUNDRED DOLLARS PER MONTH IN RENT. WHETHER THESE COSTS ARE NECESSARY VARIES FROM ONE BUILDING PROJECT TO THE NEXT, AND THOSE VARIABLES ARE NOT ACCOUNTED FOR IN MANDATED PARKING MINIMUMS. (t) MINIMUM PARKING REQUIREMENTS PUT SMALL BUSINESSES AT A DISADVANTAGE RELATIVE TO LARGE CORPORATIONS. LARGE CORPORATIONS HAVE MORE CAPITAL AT THEIR DISPOSAL TO FULFILL COSTLY PARKING REQUIREMENTS AND ARE LESS RELIANT ON FOOT TRAFFIC, HUMAN-SCALE VISIBILITY, AND A SENSE OF PLACE TO ATTRACT CUSTOMERS. (u) IMPERVIOUS SURFACES SUCH AS THOSE BUILT FOR VEHICLE PARKING CREATE AN URBAN HEAT ISLAND EFFECT, CONTRIBUTING TO RISING TEMPERATURES, INCREASING ENERGY COSTS FOR AIR CONDITIONING, AND WORSENING GROUND LEVEL AIR QUALITY. EXCESSIVE LAND COVERAGE OF THIS KIND MAKES STORM WATER MANAGEMENT DIFFICULT AND EXPENSIVE, AND CONTRIBUTES TO FLASH FLOODING AND EROSION, CAUSING INTERJURISDICTIONAL CONFLICTS AND LEGAL DISPUTES. (2) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT THE REQUIRED MINIMUM AMOUNT OF PARKING SPACES FOR A REAL PROPERTY IS A MATTER OF MIXED STATEWIDE AND LOCAL CONCERN. PAGE 5-HOUSE BILL 24-1304 Page 201 of 340 29-36-102. Definitions. AS USED IN THIS ARTICLE 36, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "ADAPTIVE REUSE" MEANS THE CONVERSION OF AN EXISTING STRUCTURE FROM THE USE FOR WHICH IT WAS CONSTRUCTED TO A NEW USE BY MAINTAINING ELEMENTS OF THE STRUCTURE AND ADAPTING SUCH ELEMENTS TO A NEW USE. (2) "APPLICABLE TRANSIT PLAN" MEANS A PLAN OF A TRANSIT AGENCY WHOSE SERVICE TERRITORY IS WITHIN A METROPOLITAN PLANNING ORGANIZATION, INCLUDING A SYSTEM OPTIMIZATION PLAN OR A TRANSIT MASTER PLAN THAT: (a) I LAS BEEN APPROVED BY THE GOVERNING BODY OF A TRANSIT AGENCY ON OR AFTER JANUARY 1, 2019, AND ON OR BEFORE JANUARY 1, 2024; (b) IDENTIFIES THE PLANNED FREQUENCY AND SPAN OF SERVICE FOR TRANSIT SERVICE OR SPECIFIC TRANSIT ROUTES; AND (C) IDENTIFIES SPECIFIC TRANSIT ROUTES FOR SHORT-TERM IMPLEMENTATION ACCORDING TO THAT PLAN, OR IMPLEMENTATION BEFORE JANUARY 1, 2027. (3) "APPLICABLE TRANSIT SERVICE AREA" MEANS AN AREA DESIGNATED BY THE MAP CREATED IN SECTION 29-36-106. (4) "BUS RAPID TRANSIT SERVICE" MEANS A TRANSIT SERVICE THAT: (a) IS IDENTIFIED AS BUS RAPID TRANSIT BY A TRANSIT AGENCY, IN A METROPOLITAN PLANNING ORGANIZATION'S FISCALLY CONSTRAINED LONG RANGE TRANSPORTATION PLAN OR IN AN APPLICABLE TRANSIT PLAN; AND (b) INCLUDES ANY NUMBER OF THE FOLLOWING: (I) SERVICE THAT IS SCHEDULED TO RUN EVERY FIFTEEN MINUTES OR LESS FOR FOUR HOURS OR MORE ON WEEKDAYS, EXCLUDING SEASONAL SERVICE; (II) DEDICATED LANES OR BUSWAYS; PAGE 6-HOUSE BILL 24-1304 Page 202 of 340 (III) TRAFFIC SIGNAL PRIORITY; (IV) OFF-BOARD FARE COLLECTION; (V) ELEVATED PLATFORMS; OR (VI) ENHANCED STATIONS. (5 ) "COMMUNITY -BASED ORGANIZATION" MEANS A COLORADO-BASED NONPROFIT ENTITY THAT: (a) HAS A MISSION TO IMPROVE THE ENVIRONMENTAL, ECONOMIC, SOCIAL, CULTURAL, OR QUALITY OF LIFE CONDITIONS OF A COMMON COMMUNITY OF INTEREST; (b) IS ACCESSIBLE FOR RESIDENTS OF ALL AGES, INCOMES, LANGUAGES, AND ABILITIES; OR (c) ADDRESSES THE NEEDS OF DISPROPORTIONATELY IMPACTED AND MARGINALIZED COMMUNITIES IN THE REGION AND CENTERS VOICES OF MARGINALIZED COMMUNITIES IN TRANSPORTATION PLANNING, BOTH IN THEIR COMMUNITY AND AROUND THE REGION. (6) "COMMUTER BUS RAPID TRANSIT SERVICE" MEANS A BUS RAPID TRANSIT SERVICE THAT OPERATES FOR A MAJORITY OF ITS ROUTE ON A FREEWAY WITH ACCESS THAT IS LIMITED TO GRADE-SEPARATED INTERCHANGES. (7) "COUNTY" MEANS A COUNTY, INCLUDING A HOME RULE COUNTY BUT EXCLUDING A CITY AND COUNTY. (8) "LAND USE APPROVAL" MEANS ANY FINAL ACTION OF A LOCAL GOVERNMENT THAT HAS THE EFFECT OF AUTHORIZING THE USE OR DEVELOPMENT OF A PARTICULAR PARCEL OF REAL PROPERTY. (9) "LOADING SPACE" MEANS AN OFF-STREET SPACE OR BERTH THAT: (a) IS ON THE SAME SITE WITH A BUILDING OR CONTIGUOUS TO A GROUP OF BUILDINGS; PAGE 7-HOUSE BILL 24-1304 Page 203 of 340 (b) IS DESIGNATED FOR THE TEMPORARY PARKING OF EITHER: (I) A COMMERCIAL VEHICLE WHILE MATERIALS ARE LOADED IN OR UNLOADED FROM THE VEHICLE; OR (II) A VEHICLE WHILE PASSENGERS BOARD OR DISEMBARK FROM THE VEHICLE; AND (c) ABUTS UPON A STREET, ALLEY, OR OTHER MEANS OF ACCESS. (10) "LOCAL GOVERNMENT" MEANS A MUNICIPALITY THAT IS WITHIN A METROPOLITAN PLANNING ORGANIZATION OR A COUNTY THAT HAS UNINCORPORATED AREAS WITHIN A METROPOLITAN PLANNING ORGANIZATION. (11) "LOCAL LAW" MEANS ANY CODE, LAW, ORDINANCE, POLICY, REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT GOVERNS THE DEVELOPMENT AND USE OF LAND, INCLUDING LAND USE CODES, ZONING CODES, AND SUBDIVISION CODES. (12) "MAXIMUM PARKING REQUIREMENT" MEANS A REQUIREMENT ESTABLISHED IN LOCAL LAW THAT LIMITS THE NUMBER OF PARKING SPACES THAT MAY BE MADE AVAILABLE IN CONNECTION WITH A REAL PROPERTY. (13) "METROPOLITAN PLANNING ORGANIZATION" MEANS A METROPOLITAN PLANNING ORGANIZATION UNDER THE "FEDERAL TRANSIT ACT OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED. (14) "MINIMUM PARKING REQUIREMENT" MEANS A REQUIREMENT ESTABLISHED IN LOCAL LAW THAT A NUMBER OF PARKING SPACES BE MADE AVAILABLE IN CONNECTION WITH A REAL PROPERTY. (15) "MUNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY OR TOWN, TERRITORIAL CHARTER CITY OR TOWN, OR CITY AND COUNTY. (16) "PARKING SPACE" MEANS AN OFF-STREET SPACE DESIGNATED FOR MOTOR VEHICLE PARKING. A PARKING SPACE DOES NOT INCLUDE A LOADING SPACE. (17) "REGULATED AFFORDABLE HOUSING" MEANS AFFORDABLE PAGE 8-HOUSE BILL 24-1304 Page 204 of 340 HOUSING THAT: (a) I 1AS RECEIVED LOANS, GRANTS, EQUITY, BONDS, OR TAX CREDITS FROM ANY SOURCE TO SUPPORT THE CREATION, PRESERVATION, OR REHABILITATION OF AFFORDABLE HOUSING THAT, AS A CONDITION OF FUNDING, ENCUMBERS THE PROPERTY WITH A RESTRICTED USE COVENANT OR SIMILAR RECORDED AGREEMENT TO ENSURE AFFORDABILITY, OR HAS BEEN INCOME-RESTRICTED UNDER A LOCAL INCLUSIONARY ZONING ORDINANCE OR OTHER REGULATION OR PROGRAM; (b) RESTRICTS OR LIMITS MAXIMUM RENTAL OR SALE PRICE FOR HOUSEHOLDS OF A GIVEN SIZE AT A GIVEN AREA MEDIAN INCOME, AS ESTABLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND (C) ENSURES OCCUPANCY BY LOW- TO MODERATE-INCOME HOUSEHOLDS FOR A SPECIFIED PERIOD DETAILED IN A RESTRICTIVE USE COVENANT OR SIMILAR RECORDED AGREEMENT. 29-36-103. Limitations on minimum parking requirements. (1) ON OR AFTER JUNE 30, 2025, A MUNICIPALITY SHALL NEITHER ENACT NOR ENFORCE LOCAL LAWS THAT ESTABLISH A MINIMUM PARKING REQUIREMENT THAT APPLIES TO A LAND USE APPROVAL FOR A MULTIFAMILY RESIDENTIAL DEVELOPMENT, ADAPTIVE RE-USE FOR RESIDENTIAL PURPOSES, OR ADAPTIVE RE-USE MIXED-USE PURPOSES WHICH INCLUDE AT LEAST FIFTY PERCENT OF USE FOR RESIDENTIAL PURPOSES THAT IS WITHIN THE MUNICIPALITY, A METROPOLITAN PLANNING ORGANIZATION, AND AT LEAST PARTIALLY WITHIN AN APPLICABLE TRANSIT SERVICE AREA. (2) ON OR AFTER JUNE 30, 2025, A COUNTY SHALL NEITHER ENACT NOR ENFORCE LOCAL LAWS THAT ESTABLISH A MINIMUM PARKING REQUIREMENT THAT APPLIES TO A LAND USE APPROVAL FOR A MULTIFAMILY RESIDENTIAL DEVELOPMENT, ADAPTIVE RE-USE FOR RESIDENTIAL PURPOSES, OR ADAPTIVE RE-USE MIXED-USE PURPOSES WHICH INCLUDE AT LEAST FIFTY PERCENT OF USE FOR RESIDENTIAL PURPOSES THAT IS WITHIN THE UNINCORPORATED AREA OF THE COUNTY, A METROPOLITAN PLANNING ORGANIZATION, AND AT LEAST PARTIALLY WITHIN AN APPLICABLE TRANSIT SERVICE AREA. (3) NOTHING IN THIS SECTION: PAGE 9-HOUSE BILL 24-1304 Page 205 of 340 (a) LOWERS THE PROTECTIONS PROVIDED FOR PERSONS WITH DISABILITIES, INCLUDING THE NUMBER OF PARKING SPACES FOR PERSONS WHO ARE MOBILITY IMPAIRED, UNDER THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET SEQ., AND PARTS 6 AND 8 OF ARTICLE 34 OF TITLE 24; (b) PREVENTS A LOCAL GOVERNMENT FROM ENACTING OR ENFORCING LOCAL LAWS THAT ESTABLISH A MAXIMUM PARKING REQUIREMENT; (c) PREVENTS A LOCAL GOVERNMENT OR A DEVELOPER FROM BEING AWARDED FUNDING FOR AFFORDABLE HOUSING THAT REQUIRES A RATIO OF A CERTAIN NUMBER OF PARKING SPACES; (d) AFFECTS THE ABILITY OF A LOCAL GOVERNMENT TO ENFORCE ANY AGREEMENT MADE IN CONNECTION WITH A LAND USE APPROVAL PRIOR TO THE EFFECTIVE DATE OF HOUSE BILL 24-1304, ENACTED IN 2024, TO PROVIDE REGULATED AFFORDABLE HOUSING IN EXCHANGE FOR REDUCING MINIMUM PARKING REQUIREMENTS; (e) PREVENTS A LOCAL GOVERNMENT FROM ENACTING OR ENFORCING LOCAL LAWS THAT ESTABLISH A MINIMUM REQUIREMENT FOR BICYCLE PARKING; OR (f) PREVENTS A LOCAL GOVERNMENT FROM IMPOSING THE FOLLOWING REQUIREMENTS ON A PARKING SPACE THAT IS VOLUNTARILY PROVIDED IN CONNECTION WITH A LAND USE APPROVAL: (I) THAT THE OWNERS OF SUCH A PARKING SPACE CHARGE FOR THE USE OF THE SPACE; (II) THAT THE OWNER OF A SUCH A PARKING SPACE CONTRIBUTE TO A PARKING ENTERPRISE, PERMITTING SYSTEM, OR SHARED PARKING PLAN; AND (III) THAT SUCH A PARKING SPACE ALLOWS FOR ELECTRIC VEHICLE CHARGING STATIONS IN ACCORDANCE WITH EXISTING LAW. 29-36-104. Limitations on minimum parking requirements. (1) NOTWITHSTANDING SECTION 29-36-103, A LOCAL GOVERNMENT MAY PAGE 10-HOUSE BILL 24-1304 Page 206 of 340 IMPOSE OR ENFORCE A MINIMUM PARKING REQUIREMENT IN CONNECTION WITH A HOUSING DEVELOPMENT PROJECT THAT IS INTENDED TO CONTAIN TWENTY UNITS OR MORE OR CONTAIN REGULATED AFFORDABLE HOUSING BY REQUIRING NO MORE THAN ONE PARKING SPACE PER DWELLING UNIT IN THE HOUSING DEVELOPMENT. (2) (a) IN ORDER TO IMPOSE A MINIMUM PARKING REQUIREMENT PURSUANT TO SUBSECTION (1) OF THIS SECTION IN CONNECTION WITH A HOUSING DEVELOPMENT PROJECT, A LOCAL GOVERNMENT MUST, NO LATER THAN NINETY DAYS AFTER RECEIVING A COMPLETED APPLICATION FOR THE HOUSING DEVELOPMENT PROJECT, PUBLICLY PUBLISH WRITTEN FINDINGS THAT FIND THAT NOT IMPOSING OR ENFORCING A MINIMUM PARKING REQUIREMENT IN CONNECTION WITH THE HOUSING DEVELOPMENT PROJECT WOULD HAVE A SUBSTANTIAL NEGATIVE IMPACT. (b) A LOCAL GOVERNMENT'S WRITTEN FINDINGS PUBLISHED PURSUANT TO SUBSECTION (2)(a) MUST: (I) BE SUPPORTED BY SUBSTANTIAL EVIDENCE THAT SUPPORTS THE FINDING OF A SUBSTANTIAL NEGATIVE IMPACT ON: (A) SAFE PEDESTRIAN, BICYCLE, OR EMERGENCY ACCESS TO THE HOUSING DEVELOPMENT PROJECT; OR (B) EXISTING ON- OR OFF-STREET PARKING SPACES WITHIN ONE EIGHTH -MILE OF THE HOUSING DEVELOPMENT PROJECT; (II) BE REVIEWED AND APPROVED BY A PROFESSIONAL ENGINEER, AS DEFINED IN SECTION 12-120-202 (7). (III) INCLUDE PARKING UTILIZATION DATA COLLECTED FROM THE AREA WITHIN ONE EIGHTH-MILE OF THE HOUSING DEVELOPMENT PROJECT; AND (IV) DEMONSTRATE THAT THE LOCAL GOVERNMENT IMPLEMENTATION OF STRATEGIES TO MANAGE DEMAND FOR ON -STREET PARKING FOR THE AREA WITHIN ONE EIGHTH-MILE OF THE HOUSING DEVELOPMENT PROJECT WOULD NOT BE EFFECTIVE TO MITIGATE A SUBSTANTIAL NEGATIVE IMPACT FOUND PURSUANT TO THIS SECTION. PAGE 11-HOUSE BILL 24-1304 Page 207 of 340 (3) ON OR BEFORE DECEMBER 31, 2026, AND EVERY DECEMBER 31ST THEREAFTER, IF APPLICABLE, A LOCAL GOVERNMENT SHALL, IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT OF LOCAL AFFAIRS, SUBMIT INFORMATION REGARDING A MINIMUM PARKING REQUIREMENT IMPOSED OR ENFORCED PURSUANT TO THIS SECTION TO THE DEPARTMENT OF LOCAL AFFAIRS. (4) THE DEPARTMENT OF LOCAL AFFAIRS MAY ISSUE POLICIES AND PROCEDURES AS NECESSARY TO IMPLEMENT THIS SECTION. 29-36-105. Parking management technical assistance. (1) (a) ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT OF LOCAL AFFAIRS, IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, AND THE COLORADO ENERGY OFFICE, SHALL, WITHIN EXISTING RESOURCES, TO THE EXTENT FEASIBLE, DEVELOP AND PUBLISH BEST PRACTICES AND TECHNICAL ASSISTANCE MATERIALS CONCERNING OPTIMIZING PARKING SUPPLY AND MANAGING PARKING IN WAYS THAT INCREASE THE PRODUCTION OF AFFORDABLE HOUSING AND HOUSING SUPPLY. THESE BEST PRACTICES AND TECHNICAL ASSISTANCE MATERIALS MUST INCLUDE, BUT ARE NOT LIMITED TO, ELEMENTS RELATED TO: (I) THE IMPLEMENTATION OF LOCAL PARKING MAXIMUMS; (II) SAMPLE LANGUAGE TO REPLACE EXISTING LOCAL PARKING CODES WITH OTHER INCENTIVES FOR THE PRODUCTION OF AFFORDABLE HOUSING, TRANSPORTATION DEMAND MANAGEMENT STRATEGIES, AND OTHER DESIRED OUTCOMES; (III) THE DESIGN AND IMPLEMENTATION OF PARKING BENEFIT DISTRICTS AND ON -STREET PARKING MANAGEMENT; (IV) STRATEGIES FOR DEVELOPERS TO MANAGE THE SUPPLY AND PRICE OF PARKING SPACES TO MINIMIZE PARKING DEMAND BASED ON DIFFERENT LOCATION AND LAND USE CHARACTERISTICS AND TAKING INTO CONSIDERATION THE NUMBER OF RESIDENTS WHO NEED ACCESS TO PARKING AND ACCESS TO MASS TRANSIT; (V) STRATEGIES THAT PRIORITIZE THE TRANSPORTATION NEEDS OF RESIDENTS OF REGULATED AFFORDABLE HOUSING, LOW-INCOME COMMUNITIES, AND COMMUNITIES WITH LOW RATES OF CAR OWNERSHIP; PAGE 12-HOUSE BILL 24-1304 Page 208 of 340 (VI) STRATEGIES TO OPTIMIZE THE USE OF EXISTING PARKING THROUGH SHARED PARKING AGREEMENTS AND OTHER STRATEGIES; AND (VII) INFORMATION FROM AFFORDABLE HOUSING PROVIDERS AND EXISTING STUDIES ON PARKING NEEDS FOR RESIDENTS OF REGULATED AFFORDABLE HOUSING BASED ON DIFFERENT LOCATION AND LAND USE CHARACTERISTICS. (b) (1) IN DEVELOPING THE MATERIALS AND BEST PRACTICES DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION, THE DEPARTMENT OF LOCAL AFFAIRS SHALL CONSULT WITH VARIOUS STAKEHOLDERS, INCLUDING LOCAL GOVERNMENTS, METROPOLITAN PLANNING ORGANIZATIONS, DISPROPORTIONATELY IMPACTED COMMUNITIES, COMMUNITY -BASED ORGANIZATIONS, AFFORDABLE HOUSING PROVIDERS, TRANSIT AGENCIES, AND ACTIVE TRANSPORTATION ORGANIZATIONS. IN CONSULTING WITH THESE STAKEHOLDERS, THE DEPARTMENT OF LOCAL AFFAIRS MAY COLLECT THIS FEEDBACK THROUGH MULTIPLE MEANS, INCLUDING ONLINE OR IN-PERSON SURVEYS OR PUBLIC FEEDBACK SESSIONS. (2) DURING THE FIRST REGULAR SESSION OF THE SEVENTY-FIFTH GENERAL ASSEMBLY, THE DEPARTMENT OF LOCAL AFFAIRS SHALL PRESENT THE MATERIALS AND BEST PRACTICES DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION TO THE LOCAL GOVERNMENT AND HOUSING COMMITTEE OF THE SENATE AND THE TRANSPORTATION, HOUSING AND LOCAL GOVERNMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THEIR SUCCESSOR COMMITTEES. 29-36-106. Applicable transit service areas map. (1) ON OR BEFORE SEPTEMBER 30, 2024, THE DEPARTMENT OF LOCAL AFFAIRS, IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, COLORADO ENERGY OFFICE, METROPOLITAN PLANNING ORGANIZATIONS, AND TRANSIT AGENCIES THAT OPERATE WITHIN METROPOLITAN PLANNING ORGANIZATIONS, SHALL PUBLISH A MAP THAT DESIGNATES APPLICABLE TRANSIT SERVICE AREAS TO BE USED BY LOCAL GOVERNMENTS IN COMPLYING WITH THIS PART 1. (2) IN PUBLISHING THE MAP DESCRIBED IN SUBSECTION (1) OF THIS SECTION, THE DEPARTMENT OF LOCAL AFFAIRS SHALL DESIGNATE APPLICABLE TRANSIT SERVICE AREAS AS AREAS THAT ARE WITHIN: PAGE 13-HOUSE BILL 24-1304 Page 209 of 340 (a) ONE-QUARTER MILE OF EXISTING STATIONS SERVED BY ROUTES IDENTIFIED IN AN APPLICABLE TRANSIT PLAN FOR: (I) COMMUTER BUS RAPID TRANSIT; (II) COMMUTER RAIL WITH PLANNED OR SCHEDULED SERVICE THAT IS SCHEDULED TO RUN EVERY THIRTY MINUTES OR MORE FREQUENT BETWEEN SEVEN A.M. AND TEN A.M. AND BETWEEN FOUR P.M. AND SEVEN P.M.; (III) LIGHT RAIL WITH PLANNED OR SCHEDULED SERVICE THAT IS SCHEDULED TO RUN EVERY THIRTY MINUTES OR MORE FREQUENT BETWEEN SEVEN A.M. AND TEN A.M. AND BETWEEN FOUR P.M. AND SEVEN P.M.; AND (IV) A PUBLIC BUS ROUTE THAT HAS A PLANNED OR SCHEDULED FREQUENCY OF EVERY THIRTY MINUTES OR MORE FREQUENT FOR FOUR HOURS OR MORE ON WEEKDAYS, EXCLUDING SEASONAL SERVICE; (b) ONE-QUARTER MILE OF CURRENTLY PLANNED OR EXISTING STATIONS AND STOPS SERVED BY PUBLIC BUS ROUTES THAT: (I) HAVE A PLANNED OR SCHEDULED FREQUENCY OF EVERY THIRTY MINUTES OR MORE FREQUENT FOR FOUR HOURS OR MORE ON WEEKDAYS, EXCLUDING SEASONAL SERVICE; AND (II) ARE IDENTIFIED WITHIN AN APPLICABLE TRANSIT PLAN FOR SHORT-TERM IMPLEMENTATION OR IMPLEMENTATION BEFORE JANUARY 1, 2030, ACCORDING TO THAT PLAN; OR (c) FOR TRANSIT AGENCIES WITHIN METROPOLITAN PLANNING ORGANIZATIONS THAT DO NOT HAVE APPLICABLE TRANSIT PLANS, ONE-QUARTER MILE OF PUBLIC BUS ROUTES WITH EXISTING TRANSIT SERVICE LEVELS AS OF JANUARY 1, 2024, WITH A SCHEDULED FREQUENCY OF EVERY THIRTY MINUTES OR MORE FREQUENT DURING THE FOUR HOURS OR MORE ON WEEKDAYS, EXCLUDING SEASONAL SERVICE. SECTION 2. In Colorado Revised Statutes, 29-20-104, amend (1) introductory portion as follows: 29-20-104. Powers of local governments - definition. (1) Except PAGE 14-HOUSE BILL 24-1304 Page 210 of 340 as expressly provided in section 29-20-104.2, or SECTION 29-20-104.5, AND ARTICLE 36 OF THIS TITLE 29, the power and authority granted by this section does not limit any power or authority presently exercised or previously granted. Except as provided in section 29-20-104.2, each local government within its respective jurisdiction has the authority to plan for and regulate the use of land by: SECTION 3. In Colorado Revised Statutes, 30-15-401, amend (1)(h)(I)(B) as follows: 30-15-401. General regulations - definitions. (1) In addition to those powers granted by sections 30-11-101 and 30-11-107 and by parts 1, 2, and 3 of this article 15, the board of county commissioners may adopt ordinances for control or licensing of those matters of purely local concern that are described in the following enumerated powers: (h) (I) To control and regulate the movement and parking of vehicles and motor vehicles on public property; except that: (B) For the purposes of any minimum parking requirement a board of county commissioners imposes, the board of county commissioners is subject to ARTICLE 36 OF TITLE 29 AND SECTION 30-28-140; and SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in PAGE 15-HOUSE BILL 24-1304 Page 211 of 340 November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. Julie Mc ie SPEAKER OF THE HOUSE OF REPRESENTATIVES Robin Jones CHIEF CLERK OF T HOUSE OF REPRESENTATIVES Steve Fenberg PRESIDENT OF THE SENATE Cindi L. Markwell SECRETARY OF THE SENATE APPROVED Vtac.. olk..4,1 1044 7,,,v-t 12*•140N., (Date and Time) Jare P is G ERINJOR OF T TATE OF COLORADO PAGE 16-HOUSE BILL 24-1304 Page 212 of 340 HB2024-1304: Minimum Parking Requirements Presented By: John Voboril, Senior Planner December 9, 2024 Pa g e 2 1 3 o f 3 4 0 HB2024-1304: Summary •No parking requirements for new residential projects consisting of 19 units or less (transit service area). •Maximum of 1 parking space per unit may be imposed on residential projects of 20+ units (bus transit service area), subject to findings report. Pa g e 2 1 4 o f 3 4 0 HB2024-1304: Summary •Transit service areas include TOC areas identified in HB2024-1313, plus bus corridors with minimum headways of 30 minutes for at least 4 hours/weekday: •S. Broadway (Hampden to southern city limit) •Old Hampden Avenue •S. Downing Street •S. University Boulevard •One-quarter mile from stations and routes DOLA Maps for HB24-1304 Pa g e 2 1 5 o f 3 4 0 HB2024-1304: Timeline of Key Milestones September 30, 2024:State release of transit area maps. December 31, 2024:State development of technical aspects and strategies of residential parking management for dissemination to local communities. June 30, 2025:Limitations on minimum parking go into effect. December 31, 2026:Submit information regarding a minimum parking requirement imposed or enforced. Pa g e 2 1 6 o f 3 4 0 •Current parking requirements for residential projects located in transit service areas would be considered nullified. •To impose a requirement no greater than 1 space/unit for 20+ units, must publish a written findings report within 90 days of receipt of a completed application documenting substantial negative impacts on: •Safe pedestrian, bicycle, or emergency access to the development or •Existing on- or off-street parking within one eight-mile of the project. HB2024-1304: Analysis Pa g e 2 1 7 o f 3 4 0 •The published report must also: •Be reviewed and approved by an engineer. •Include localized parking utilization data (1/8th mile). •Demonstrate that strategies to manage parking demand would not be effective. •Community shall annually submit information regarding new residential project parking minimums imposed. HB2024-1304: Analysis Pa g e 2 1 8 o f 3 4 0 •Parking regulations that are still allowed within transit service areas: •For parking voluntarily provided by the developer, the city can still regulate accessible parking requirements; require EV parking; maximum limitations; require that developers charge for provided parking; or require that a developer pay into parking enterprise, permitting system, or shared parking plan. •Bicycle parking minimums •Compliance with affordable housing funding conditions •Parking agreements entered into prior to July 1, 2025 HB2024-1304: Analysis Pa g e 2 1 9 o f 3 4 0 •This legislation would require amendments to the parking regulations included in Title 16. The minimum parking requirements will likely be most impactful for small lots that could potentially be developed with up to nineteen (19) residential units while providing no on-site parking. •There are no expressed incentives included in the legislation. HB2024-1304: Conclusion Pa g e 2 2 0 o f 3 4 0 ____________________________________________________________________________ TO: THRU: FROM: DATE: Mayor Sierra and Council Members Brad Power, Community Development Director Bryan Isham, Community Development Planning Manager December 9, 2024 SUBJECT: Colorado SB2024-005: Prohibit Landscaping Practices for Water Conservation DESCRIPTION: Informational study session regarding Colorado SB2024-005: Prohibit Landscaping Practices for Water Conservation. RECOMMENDATION: Staff recommends council review of the study session communication regarding legislative details that may have future implications for the regulated development and growth of the city. PREVIOUS ACTION: Council has not previously conducted a review or discussion regarding recently enacted land use laws. SUMMARY: The following summary of Colorado SB2024-005: Prohibit Landscaping Practices for Water Conservation was developed by Colorado Legislative Council Staff: Summary of Legislation Beginning January 1, 2025, the law prohibits local governments or homeowners’ associations from installing, planting, or placing nonfunctional turf, artificial turf, or invasive plant species on any commercial, institutional, or industrial property or transportation corridor. Further, the Department of Personnel and Administration (DPA) must not use prohibited landscaping in construction and renovation projects on state facilities. The law does not apply to artificial turf on athletic fields of play. Page 221 of 340 2 ANALYSIS: Timeline of Key Milestones January 1, 2026: Local entities must enact laws that prohibit the installation of nonfunctional turf, artificial turf, and invasive plant species as part of a new development or redevelopment project for commercial, institutional, or industrial property, common interest community property, street right-of-way, parking lot, median, or transportation corridor. On and after January 1, 2026, local governments shall not install, plant, or place, or allow any person to install, plant, or place, any nonfunctional turf, artificial turf, or invasive plant species, on commercial, institutional, or industrial property, common interest community property, street right-of-way, parking lot, median, or transportation corridor. Functional turf means turf that is in a recreational use area or other space that is regularly used for civic, community, or recreational purposes. This can include playgrounds, sports fields, picnic grounds, amphitheaters, portions of parks, and the playing areas of golf courses. This law includes many references back to the legislation that created the State Turf Replacement Program, C.R.S 37-60-135. Most importantly to this discussion are the definitions of turf, invasive plant species, and water wise landscaping. Turf is defined in C.R.S 37-60-135 (2)(i) as continuous plant coverage consisting of nonnative grasses or grasses that have not been hybridized for arid conditions and which, when regularly mowed, form a dense growth of leaf blades and roots. Invasive plant species are defined in C.R.S 37-60-135 (2)(e) as plants that are not native to the state and that: x Are introduced into the state accidentally or intentionally, x Have no natural competitors or predators in the state because the state is outside of their competitors’ or predators’ range; and x Have harmful effects on the state’s environment or economy or both. Water wise landscaping is defined in C.R.S 37-60-135 (2)(l) as: x Water- and plant management practice that: o Is intended to be functional and attractive; o Emphasizes the use of plants that require lower supplemental water, such as native and drought tolerant plants: and x Prioritizes the following seven key principles: o Planning and design for water conservation, beauty, and utility; o Improving soil; o Applying efficient irrigation; o Limiting turf to high traffic, essential areas; Page 222 of 340 3 o Selecting plants that have low water demand; o Applying mulch; and o Maintaining the landscape. The law does not prohibit a municipality from: x Maintaining or allowing a development to maintain any non-functional turf, artificial turf, or invasive species that was planted before January 1, 2026. x Installing or allowing a development to install grass seed or sod that is a native plant or that has been hybridized for arid weather conditions. x Developing prohibitions for non-functional turf, artificial turf, or invasive plant species that are more stringent that the requirements in SB24-005. x Allowing a person to install artificial turf on athletic fields. Open space requirements in Title 16 for new commercial, institutional and industrial developments are identified in either Table 5-2: Residential Building and Lot Standards or in Table 6-1: Non-residential Lot and Building Standards. Open space in residential districts is the remaining lot area after the lot coverage allowances are subtracted. Based on the table below, all residential districts require 60% of a lot to remain as open space for non-residential uses. Excerpt from Table 5-2: Residential Building and Lot Standards Building Type Minimum Lot Standards Lot Coverage All R-1, R-2, and MU-R-3 Districts Other Building Types Any permitted freestanding non- residential uses 40% Excerpt from Table 6-1: Non-residential Lot and Building Standards Zoning District Lot Standards Open Space M-1 Mixed-use Medical 10% M-2 Mixed-use Medical 10% MU-B-1 Mixed-use Commercial 10% MU-B-2 Mixed-use Commercial 10% I-1 - Industrial 8% I-2 - Industrial 8% For all developments, at least 70% of the required landscape area is required to consist of living plant material and ground cover. While Title 16 does not include any specific requirements for the installation of turf, it also does not expressly prohibit turf for use as part of a commercial, institutional, or industrial uses’ landscape design package. This Page 223 of 340 4 circumstance could lead to the use of turf as a ground cover to meet minimum requirements, especially for larger sites. Title 16 also redirects plant species requirements to plant lists provided in the Englewood Landscape Manual, which could be updated to include plant materials that should be restricted as invasive plant species and include plant materials that would fit into water- wise landscaping management practices and plant materials that are considered native to Colorado or are hybrids that are adapted to arid climates. Title 16 does include xeric guidelines in EMC § 16-8-5.E. These are not considered requirements but are intended to provide guidance to applicable developments by providing the following xeric design principles. x Incorporate a “zoned planting scheme” to reduce water demand by grouping plants with similar water requirements together in the same hydrozone. x Limit high-irrigation turf and plantings to appropriate high-use areas with high visibility and functional needs and use water-conserving grasses such as fescue sods. x Use drought tolerant plants, suitable to the region, with low watering and pruning requirements. x Incorporate soil amendments and use of organic mulches that reduce water loss and limit erosion. All plant areas should receive soil amendments of at least three cubic yards per 1,000 square feet. x Install efficient automatic irrigation systems that incorporate water conservation measures, including spray heads for ground cover and drip irrigation for shrubs and trees, and high-efficiency or precision nozzles. Provide regular and attentive maintenance to ensure irrigation systems are functioning properly. x Alternative sources of irrigation for all landscape areas are encouraged. CONCLUSION: Compliance with these regulations will require changes to Title 16 and updates to the Englewood Landscape Manual. Additional discussion may be needed to assess the potential impact of this legislation on city projects. FINANCIAL IMPLICATIONS: There is no fiscal impact associated with this newly enacted legislation. CONNECTION TO STRATEGIC PLAN: Colorado SB2024-005: Prohibit Landscaping Practices for Water Conservation addresses the following strategic plan goals: Page 224 of 340 5 Sustainability x Protection of water resources, including rivers and streams x A community that addresses current and future environmental, economic, and social climate vulnerabilities through implementing climate adaptation and mitigation projects and practices. x Protect our natural environment. Community Wellbeing x Promote the maintenance, management and innovative modifications to the city’s high-quality parks and recreation facilities. OUTREACH/COMMUNICATIONS: No outreach or communications has been conducted regarding the newly enacted Colorado SB2024-005: Prohibit Landscaping Practices for Water Conservation. ATTACHMENTS: Attachment #1 – SB2024-005 Prohibit Landscaping Practices for Water Conservation. (Signed) Attachment #2 – Englewood Landscape Manual Plant Lists Attachment #3 – Staff presentation Page 225 of 340 SENATE BILL 24-005 BY SENATOR(S) Roberts and Simpson, Bridges, Hinrichsen, Buckner, Cutter, Exum, Fields, Jaquez Lewis, Marchman, Michaelson Jenet, Priola, Winter F., Fenberg; also REPRESENTATIVE(S) McCormick and McLachlan, Amabile, Bacon, Bird, Boesenecker, Brown, Daugherty, deGruy Kennedy, Duran, Epps, Froelich, Garcia, Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lukens, Mabrey, Martinez, Marvin, Mauro, Ortiz, Parenti, Rutinel, Sirota, Snyder, Story, Titone, Valdez, Velasco, Weissman, Willford, McCluskie. CONCERNING THE CONSERVATION OF WATER IN THE STATE THROUGH THE PROHIBITION OF CERTAIN LANDSCAPING PRACTICES. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add article 99 to title 37 as follows: ARTICLE 99 Prohibition of Nonfunctional Turf, Artificial Turf, and Invasive Plant Species 37-99-101. Legislative declaration. (1) THE GENERAL ASSEMBLY Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. Page 226 of 340 FINDS THAT: (a) AS COLORADO CONTINUES TO GRAPPLE WITH THE IMPACTS OF CLIMATE CHANGE, GREEN URBAN SPACES, SUCH AS URBAN TREE CANOPIES, ARE A VITAL ADAPTATION TOOL FOR MITIGATING THE IMPACTS OF CLIMATE CHANGE, ESPECIALLY FOR MITIGATING THE URBAN HEAT ISLAND EFFECT, WHICH CAN INCREASE ENERGY COSTS, AIR POLLUTION, AND HEAT-RELATED ILLNESSES AND DEATHS; (b) HOWEVER, WATER SUPPLY IN THE WESTERN UNITED STATES IS UNDER INCREASING PRESSURE DUE TO CLIMATE CHANGE AND INCREASING DEMAND; (C) MANY COMMUNITIES IN THE STATE OVERUSE NONNATIVE GRASS FOR LANDSCAPING PURPOSES, WHICH REQUIRES LARGE AMOUNTS OF WATER TO MAINTAIN; (d) WHILE THERE ARE APPROPRIATE AND IMPORTANT USES FOR TURF, INCLUDING FOR CIVIC, COMMUNITY, OR RECREATIONAL PURPOSES SUCH AS USE IN PARKS, SPORTS FIELDS, AND PLAYGROUNDS, MUCH OF THE TURF IN THE STATE IS NONFUNCTIONAL, LOCATED IN AREAS THAT RECEIVE LITTLE, IF ANY, USE, AND COULD BE REPLACED WITH LANDSCAPING THAT ADHERES TO WATER-WISE LANDSCAPING PRINCIPLES WITHOUT ADVERSELY IMPACTING QUALITY OF LIFE OR LANDSCAPE FUNCTIONALITY; (e) PROHIBITING THE INSTALLATION, PLANTING, OR PLACEMENT OF NONFUNCTIONAL TURF IN APPLICABLE PROPERTY IN THE STATE CAN HELP CONSERVE THE STATE'S WATER RESOURCES; (f) INSTALLED VEGETATION THAT ADHERES TO WATER-WISE LANDSCAPING PRINCIPLES CAN HELP REDUCE OUTDOOR DEMAND OF WATER; AND (g) ADDITIONALLY, ARTIFICIAL TURF CAN CAUSE NEGATIVE ENVIRONMENTAL IMPACTS, SUCH AS EXACERBATING HEAT ISLAND EFFECTS IN URBAN AREAS AND RELEASING HARMFUL CHEMICALS, INCLUDING PLASTICS, MICROPLASTICS, AND PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS, INTO THE ENVIRONMENT AND WATERSHEDS. (2) THE GENERAL ASSEMBLY THEREFORE DECLARES THAT PAGE 2-SENATE BILL 24-005 Page 227 of 340 PREVENTING THE INSTALLATION, PLANTING, OR PLACEMENT OF NONFUNCTIONAL TURF, ARTIFICIAL TURF, AND INVASIVE PLANT SPECIES IN APPLICABLE PROPERTY IN THE STATE IS: (a) A MATTER OF STATEWIDE CONCERN; AND (b) IN THE PUBLIC INTEREST. 37-99-102. Definitions. AS USED IN THIS ARTICLE 99, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) (a) "APPLICABLE PROPERTY" MEANS: (I) COMMERCIAL, INSTITUTIONAL, OR INDUSTRIAL PROPERTY; (II) COMMON INTEREST COMMUNITY PROPERTY; OR (III) A STREET RIGHT-OF-WAY, PARKING LOT, MEDIAN, OR TRANSPORTATION CORRIDOR. (b) "APPLICABLE PROPERTY" DOES NOT INCLUDE RESIDENTIAL PROPERTY. (2) "ARTIFICIAL TURF" MEANS AN INSTALLATION OF SYNTHETIC MATERIALS DEVELOPED TO RESEMBLE NATURAL GRASS. (3) "COMMERCIAL, INSTITUTIONAL, OR INDUSTRIAL" HAS THE MEANING SET FORTH IN SECTION 37-60-135 (2)(b). (4) "COMMON INTEREST COMMUNITY" HAS THE MEANING SET FORTH IN SECTION 38-33.3-103 (8). (5) "COMMON INTEREST COMMUNITY PROPERTY" MEANS PROPERTY WITHIN A COMMON INTEREST COMMUNITY THAT IS OWNED AND MAINTAINED BY A UNIT OWNERS' ASSOCIATION, SUCH AS ENTRYWAYS, PARKS, AND OTHER COMMON ELEMENTS AS DEFINED IN SECTION 38-33.3-103 (5). (6) "DEPARTMENT" MEANS THE DEPARTMENT OF PERSONNEL CREATED IN SECTION 24-1-128 (1). PAGE 3-SENATE BILL 24-005 Page 228 of 340 (7) "FUNCTIONAL TURF" MEANS TURF THAT IS LOCATED IN A RECREATIONAL USE AREA OR OTHER SPACE THAT IS REGULARLY USED FOR CIVIC, COMMUNITY, OR RECREATIONAL PURPOSES, WHICH MAY INCLUDE PLAYGROUNDS; SPORTS FIELDS; PICNIC GROUNDS; AMPHITHEATERS; PORTIONS OF PARKS; AND THE PLAYING AREAS OF GOLF COURSES, SUCH AS DRIVING RANGES, CHIPPING AND PUTTING GREENS, TEE BOXES, GREENS, FAIRWAYS, AND ROUGHS. (8) "INVASIVE PLANT SPECIES" HAS THE MEANING SET FORTH IN SECTION 37-60-135 (2)(e). (9) "LOCAL ENTITY" MEANS A: (a) HOME RULE OR STATUTORY CITY, COUNTY, CITY AND COUNTY, TERRITORIAL CHARTER CITY, OR TOWN; (b) SPECIAL DISTRICT; AND (c) METROPOLITAN DISTRICT. (10) "MAINTAIN" OR "MAINTAINING" MEANS AN ACTION TO PRESERVE THE EXISTING STATE OF NONFUNCTIONAL TURF, ARTIFICIAL TURF, OR AN INVASIVE PLANT SPECIES THAT HAS ALREADY BEEN INSTALLED, PLANTED, OR PLACED. (1 1) "NATIVE PLANT" MEANS A PLANT SPECIES THAT IS INDIGENOUS TO THE STATE OF COLORADO. (12) "NEW DEVELOPMENT PROJECT" MEANS A NEW CONSTRUCTION PROJECT THAT REQUIRES A BUILDING OR LANDSCAPING PERMIT, PLAN CHECK, OR DESIGN REVIEW. (13) (a) "NONFUNCTIONAL TURF" MEANS TURF THAT IS NOT FUNCTIONAL TURF. (b) "NONFUNCTIONAL TURF" INCLUDES TURF LOCATED IN A STREET RIGHT-OF-WAY, PARKING LOT, MEDIAN, OR TRANSPORTATION CORRIDOR. (c) "NONFUNCTIONAL TURF" DOES NOT INCLUDE TURF THAT IS DESIGNATED TO BE PART OF A WATER QUALITY TREATMENT SOLUTION PAGE 4-SENATE BILL 24-005 Page 229 of 340 REQUIRED FOR COMPLIANCE WITH FEDERAL, STATE, OR LOCAL AGENCY WATER QUALITY PERMITTING REQUIREMENTS THAT IS NOT IRRIGATED AND DOES NOT HAVE HERBICIDES APPLIED. (14) "REDEVELOPMENT PROJECT" MEANS A CONSTRUCTION PROJECT THAT: (a) REQUIRES A BUILDING OR LANDSCAPING PERMIT, PLAN CHECK, OR DESIGN REVIEW; AND (b) RESULTS IN A DISTURBANCE OF MORE THAN FIFTY PERCENT OF THE AGGREGATE LANDSCAPE AREA. (15) "SPECIAL DISTRICT" HAS THE MEANING SET FORTH IN SECTION 32-1-103 (20). (16) "TRANSPORTATION CORRIDOR" MEANS A TRANSPORTATION SYSTEM THAT INCLUDES ALL MODES AND FACILITIES WITHIN A DESCRIBED GEOGRAPHIC AREA, HAVING LENGTH AND WIDTH. (17) "TURF" HAS THE MEANING SET FORTH IN SECTION 37-60-135 (2)(i). (18) "UNIT OWNERS' ASSOCIATION" HAS THE MEANING SET FORTH IN SECTION 38-33.3-103 (3). (19) "WATER-WISE LANDSCAPING" HAS THE MEANING SET FORTH IN SECTION 37-60-135 (2)(1). 37-99-103. Prohibition of nonfunctional turf, artificial turf, and invasive plant species - local entities - construction or renovation of state facilities. (1) ON AND AFTER JANUARY 1, 2026, A LOCAL ENTITY SHALL NOT INSTALL, PLANT, OR PLACE, OR ALLOW ANY PERSON TO INSTALL, PLANT, OR PLACE, ANY NONFUNCTIONAL TURF, ARTIFICIAL TURF, OR INVASIVE PLANT SPECIES, AS PART OF A NEW DEVELOPMENT PROJECT OR REDEVELOPMENT PROJECT, ON ANY PORTION OF APPLICABLE PROPERTY WITHIN THE LOCAL ENTITY'S JURISDICTION. (2) ON OR BEFORE JANUARY 1, 2026, A LOCAL ENTITY SHALL ENACT OR AMEND ORDINANCES, RESOLUTIONS, REGULATIONS, OR OTHER LAWS PAGE 5-SENATE BILL 24-005 Page 230 of 340 REGULATING NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT PROJECTS ON APPLICABLE PROPERTY IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. (3) THE DEPARTMENT SHALL NOT INSTALL, PLANT, OR PLACE, OR ALLOW ANY PERSON TO INSTALL, PLANT, OR PLACE, ANY NONFUNCTIONAL TURF, ARTIFICIAL TURF, OR INVASIVE PLANT SPECIES AS PART OF A PROJECT FOR THE CONSTRUCTION OR RENOVATION OF A STATE FACILITY, WHICH PROJECT DESIGN COMMENCES ON OR AFTER JANUARY 1, 2025. (4) NOTHING IN THIS SECTION PROHIBITS: (a) A LOCAL ENTITY FROM MAINTAINING, OR ALLOWING ANY PERSON TO MAINTAIN, ANY NONFUNCTIONAL TURF, ARTIFICIAL TURF, OR INVASIVE PLANT SPECIES INSTALLED, PLANTED, OR PLACED BEFORE JANUARY 1, 2026; (b) THE DEPARTMENT FROM MAINTAINING, OR ALLOWING ANY PERSON TO MAINTAIN, ANY NONFUNCTIONAL TURF, ARTIFICIAL TURF, OR INVASIVE PLANT SPECIES INSTALLED, PLANTED, OR PLACED AT A STATE FACILITY BEFORE JANUARY 1, 2025; (c) A LOCAL ENTITY OR THE DEPARTMENT FROM INSTALLING, OR ALLOWING ANY PERSON TO INSTALL, GRASS SEED OR SOD THAT IS A NATIVE PLANT OR HAS BEEN HYBRIDIZED FOR ARID CONDITIONS; (d) A LOCAL ENTITY OR THE DEPARTMENT FROM ESTABLISHING PROHIBITIONS ON, OR REQUIREMENTS FOR, NONFUNCTIONAL TURF, ARTIFICIAL TURF, OR INVASIVE PLANT SPECIES THAT ARE MORE STRINGENT THAN THE REQUIREMENTS OF THIS SECTION; OR (e) A LOCAL ENTITY OR THE DEPARTMENT FROM INSTALLING, OR ALLOWING ANY PERSON TO INSTALL, ARTIFICIAL TURF ON ATHLETIC FIELDS OF PLAY. SECTION 2. Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or PAGE 6-SENATE BILL 24-005 Page 231 of 340 part will not take effect unless approved by the people at the general election to be held in November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) This act does not apply to projects approved by the department of personnel or a local entity before the effective date of this act. S eve enberg PRESIDENT OF THE SENATE Cindi L. Markwell SECRETARY OF THE SENATE —' Julie Mc tnskie SPEAKER OF THE HOUSE OF REPRESENTATIVES obin Jones CHIEF CLERK O HE HOUSE OF REPRESENTATIVES APPRovEDcol..-1 M,0,.r c,kA, \ rsl- 2,919 ....,1- 2:, K CkAA (Date and Time) Jar Po is • VE OR OF TH PAGE 7-SENATE BILL 24-005 ST TE OF COLORADO Page 232 of 340 Englewood Landscape Manual A.1 January 2011 APPENDIX A: NOXIOUS WEED LIST All plants listed on the Colorado Noxious Weed List are prohibited from being planted in the City. 16-6-7:D2a(2). The following weed species are identified by the Colorado Department of Agriculture as “Noxious Weeds”. Common Name Scientific Name Absinth wormwood Artemisia absinthium African rue Peganum harmala Black henbane Hyoscyamus niger Bouncingbet Saponaria officinalis Bull thistle Cirsium vulgare Camelthorn Alhagi pseudalhagi Canada thistle Cirsium arvense Chicory Cichorium intybus Chinese clematis Clematis orientalis Common St. Johnswort Hypericum perforatum Common burdock Arctium minus Common crupina Crupina vulgaris Common mullein Verbascum thapsus Common tansy Tanacetum vulgare Common teasel Dipsacus fullonum Corn chamomile Anthemis arvensis Cutleaf teasel Dipsacus laciniatus Cypress spurge Euphorbia cyparissias Dalmatian toadflax- broad leaved Linaria dalmatica Dalmatian toadflax- narrow leaved Linaria genistifolia Dame's rocket Hesperis matronalis Diffuse knapweed Centaurea diffusa Downy brome Bromus tectorum Dyer's woad Isatis tinctoria Eurasian watermilfoil Myriophyllum spicatum Field bindweed Convolvulus arvensis Giant salvinia Salvinia molesta Halogeton Halogeton glomeratus Hoary cress Cardaria draba Houndstongue Cynoglossum officinale Hydrilla Hydrilla verticillata Johnsongrass Sorghum halepense Jointed goatgrass Aegilops cylindrica Page 233 of 340 Appendix A: Noxious Weed List (cont’d) Englewood Landscape Manual A.2 January 2011 Common Name Scientific Name Leafy spurge Euphorbia esula Mayweed chamomile Anthemis cotula Meadow knapweed Centaurea pratensis Mediterranean sage Salvia aethiopis Medusahead Taeniatherum caput-medusae Moth mullein Verbascum blattaria Musk thistle Carduus nutans Myrtle spurge Euphorbia myrsinites Orange hawkweed Hieracium aurantiacum Oxeye daisy Chrysanthemum leucanthemum Perennial pepperweed Lepidium latifolium Perennial sowthistle Sonchus arvensis Plumeless thistle Carduus acanthoides Poison hemlock Conium maculatum Puncturevine Tribulus terrestris Purple loosestrife Lythrum salicaria Quackgrass Elytrigia repens Redstem filaree Erodium cicutarium Rush skeletonweed Chondrilla juncea Russian knapweed Acroptilon repens Russian-olive Elaeagnus angustifolia Salt cedar Tamarix chinensis, T. parviflora, and T. ramosissima Scentless chamomile Matricaria perforata Scotch thistle Onopordum acanthium Scotch thistle Onopordum tauricum Sericea lespedeza Lespedeza cuneata Spotted knapweed Centaurea maculosa Spurred anoda Anoda cristata Squarrose knapweed Centaurea virgata Sulfur cinquefoil Potentilla recta Tansy ragwort Senecio jacobaea Velvetleaf Abutilon theophrasti Venice mallow Hibiscus trionum Wild caraway Carum carvi Wild proso millet Panicum miliaceum Yellow nutsedge Cyperus esculentus Yellow starthistle Centaurea solstitialis Yellow toadflax Linaria vulgaris Page 234 of 340 Englewood Landscape Manual B.1 January 2011 APPENDIX B: RECOMMENDED TREES FOR ENGLEWOOD The following list of trees is not all inclusive but contains trees that are appropriate for the Front Range’s unique growing conditions. When locating a tree, remember: ¾Trees must be planted a minimum of 4 feet away from a public sidewalk or curb, unless planted with an approved root barrier system. ¾Trees with seedpods or fruits cannot be planted within 10 feet of the public sidewalk or street. ¾Evergreen trees may not be planted in the public right-of-way. Charts of Recommended Trees on Following Pages Page 235 of 340 Appendix B: Recommended Trees for Englewood Englewood Landscape Manual B.2 January 2011 Large Shade Trees (Taller than 50 feet at Mature Height) Name Description Drought Tolerant Permitted Planting Location Less than 4’ from curb or public sidewalk with root barrier1 More than 4’ from curb or public sidewalk More than 10’ from curb or public sidewalk American elm (Ulmus americana) Disease-resistant cultivars can be very hardy, broad shaped crown, excellent street tree Yes Yes American linden (Tilia americana) Excellent street tree, dark green leaves, yellow-green fall color Yes Yes Black walnut (Juglans nigra) Edible nuts, great for squirrels and birds, nuts may create a mess Yes Bur oak (Quercus macrocarpa) Produces acorns, fall color yellow to brown and occasionally red, very hardy and long lived Yes Yes English oak (Quercus robur) Produces acorns, rounded crown, dark green leaves turn brown and remain on tree through winter Yes Yes Ginkgo (Ginkgo biloba) Few insect and disease problems, pretty fall color, distinctive leaf shape Yes Yes Hackberry (Celtis occidentalis) Very hardy, can be susceptible to nipple gall, a cosmetic injury, reddish purple cherry like berries Yes Yes Yes Honeylocust (Gleditsia triacanthos inermis) Hardy trees, dark green, fern- like leaves, yellow fall color Yes Yes Yes Horsechestnut (Aesculus hippocastanum) Greenish-yellow flowers, prickly seed pod, yellow to orange fall color Yes Yes Kentucky coffeetree (Gymnocladus dioica) Fragrant white flowers, persistent seed pods can be produced, large shade tree, no known pest problems Yes Yes Northern catalpa (Catalpa speciosa) Fragrant white flowers, pencil sized seedpods, large heart shaped leaves Yes Yes Norway maple (Acer platanoides) Shapely tree, leaf color varies with variety, protect from sun scald Yes Yes Shumard oak (Quercus shumardii) Produces acorns, fall color yellow, brown to red Yes Page 236 of 340 Appendix B: Recommended Trees for Englewood (cont’d.) Englewood Landscape Manual B.3 January 2011 Sugar maple (Acer saccharum) Better in lower pH soils, glossy dark green leaves turn to reds, oranges and yellows in fall Yes Yes Swamp white oak (Quercus bicolor) Produces acorns, deep green leaves white underneath, not tolerant of high pH soils Yes Yes Patmore Ash (Fraxinus pennsylvanica ‘Patmore’) Excellent hardiness and tolerance of differing growing conditions. Seedless. Yes Yes Yes Yes Northern Red Oak (Quercus rubra) Fast growing with broad branches. Red fall color, good street tree. Yes Yes Yes Autumn Blaze Maple (Acer x freemanii ‘Jeffersred’) Very hardy, fast growing. Red fall color, good substitute for Red Maple. Yes Yes Yes Sycamore (Platanus occidentalis) Fast growing and long-lived, distinctive mottled brown, green, tan and white bark, prefers floodplain type soils Yes Yes Medium Shade Trees (30 - 45 feet at mature height) Name Description Drought Tolerant Permitted Planting Location Less than 4’ from curb or public sidewalk with root barrier1 More than 4’ from curb or public sidewalk More than 10’ from curb or public sidewalk Amur corktree (Phellodendron amurense) Round broad spreading tree, bark is cork like, leaves dark green on top and light green on bottom Yes Yes Japanese pagodatree (Sophora japonica) Rounded crown, olive green bark, abundant white flowers Yes Yes Littleleaf linden (Tilia cordata) Yellow flower clusters, pea sized fruit, formal pyramidal form, excellent street tree Yes Yes Ohio buckeye (Aesculus glabra) Very similar to horsechestnut with a bit smaller leaves that can occasionally scorch Yes Yes Thinleaf alder (Alnus tenuifolia) Native tree with medium green leaves turning yellow in fall giving way to cone-like fruits in winter Yes Turkish filbert (Corylus colurna) Tolerant of a wide variety of soil conditions, dark green leaves turn yellow in fall, may produce small nuts in fall Yes Yes Yes Page 237 of 340 Appendix B: Recommended Trees for Englewood (cont’d.) Englewood Landscape Manual B.4 January 2011 Name Description Drought Tolerant Permitted Planting Location Less than 4’ from curb or public sidewalk with root barrier1 More than 4’ from curb or public sidewalk More than 10’ from curb or public sidewalk Canada red cherry (Prunus virginiana ‘Shubert’) White flowers, small fruit, new growth on plant is bright green and turns maroon, can sucker profusely Yes Yes Mayday tree (Prunus padus) White flowers, black drupe fruit, yellow to orange fall color Yes Ussurian pear (Pyrus ussuriensis) White flowers, small fruit, red wine fall color Yes Yes Canyon maple (Acer grandidentatum) Slow growing, Rocky Mountain native, shades of yellow, orange and red in fall Yes Yes Golden raintree (Koelreuteria paniculata) Yellow flowers in summer, papery pods, leaves red and turn green Yes Yes Hawthorn species (Crataegus spp.) Flowers in the spring, small fruit produced, most varieties contain small thorns Yes Yes Crabapple species (Malus spp.) Flowers in the spring, most varieties produce fruit, select a variety that has a high resistance to fire blight Yes Yes Amur maple (Acer ginnala) Yellow-white flowers, abundant seed, orange to red fall color, does better in lower pH soils Yes Yes Tatarian maple (Acer tataricum) Winged seeds good for birds, fall color orange-red, hardy tree Yes Yes Yes Serviceberry (Amelanchier spp.) Small trees or large shrubs with showy white flowers and edible fruits Yes Gambel (scrub) oak (Quercus gambelii) Native acorn-producing oak with great variability in size and shape Yes Yes Japanese tree lilac (Syringa reticulata) Creamy, white flower clusters with showy, dark bark Yes Redmond Linden (Tilia Americana ‘Redmond’) Pyramidal growth with attractive foliage. Yes Yes Yes Chanticleer Pear (Pyrus calleryana ‘Chanticleer’) Adaptable, cone-shaped white flowers, orange/red in fall. Yes Yes Yes Yes Sunburst Locust (Gleditsia riacanthos inermis ‘Sunburst’) Thornless and podless. Bright golden foliage on tips. Yes Yes Yes Yes Small Ornamental Trees (Shorter than 25 feet at mature height) Page 238 of 340 Appendix B: Recommended Trees for Englewood (cont’d.) Englewood Landscape Manual B.5 January 2011 Spring Snow Crab (Malus x ‘Spring Snow Crab) Blossoms are white in spring, does not bear fruit Yes Yes Callery pear (Pyrus calleryana) Brilliant display of showy, white flowers in spring, glossy green leaves that change to red in fall, many varieties to choose from but avoid Bradford Yes Yes Yes Redbud (Cercis canadensis) Early spring magenta-colored flowers followed by heart- shaped leaves, plant only northern strains in protected locations Yes Yes European mountain-ash (Sorbus aucuparia) Dark green, pinnately compound leaves with silvery undersides, creamy white flowers followed by clusters of orange-red fruit Yes Large Evergreens (30 - 60 feet at mature height) Name Description Drought Tolerant Permitted Planting Location Less than 4’ from curb or public sidewalk with root barrier1 More than 4’ from curb or public sidewalk More than 10’ from curb or public sidewalk Colorado blue spruce (Picea pungens) State tree, sharp stiff needles, color of needles range from bright green to silver blue Yes Austrian pine (Pinus nigra) Long needle pine, works well in a windbreak Yes Yes Concolor (white) fir (Abies concolor) Long soft blue-green needles, plant in a protected site, shade and drought tolerant Yes Yes Scots pine (Pinus sylvestris) Short needle pine, orange bark with age Yes Ponderosa pine (Pinus ponderosa) Long needle pine, native to Colorado, hardy tree Yes Yes Southwestern white pine (Pinus strobiformis) Soft, dark bluish-green needles, native to Colorado Yes Yes Limber pine (Pinus flexilis) 5-needle pine with rounded top, informal habit, blue-green needles with silvery bark Yes Yes Page 239 of 340 Appendix B: Recommended Trees for Englewood (cont’d.) Englewood Landscape Manual B.6 January 2011 The following species are prohibited from being planted in the City: Russian-olive (Elaeagnus angustifolia) Siberian elm (Ulmus pumila) Box elder (Acer Negundo) Cotton wood (Female Populus Deltoides) The following species are NOT recommended because of their growth habits: Austree (Salix alba x matsudana) Aspen (Populus tremuloides) Silver maple (Acer saccharinum) Tree-of-Heaven (Ailanthus altissima) Tamarisk (Tamarix spp.) Willows (Salix spp.) White-Barked Birches (Betula spp.) Non-native hybrid poplars/cottonwoods (Populus spp.) Small Evergreens (15 - 25 feet at mature height) Name Description Drought Tolerant Permitted Planting Location Less than 4’ from curb or public sidewalk with root barrier1 More than 4’ from curb or public sidewalk More than 10’ from curb or public sidewalk Piñon (Pinus edulis) Dense, bushy pine, short grayish-green needles, Yes Yes Bristlecone pine (Pinus aristata) Bushy dark green needles, very slow growing Yes Yes Eastern redcedar (Juniperus virginiana) Very hardy tree, excellent windbreak tree, green summer foliage, rusty brown in the winter Yes Yes Rocky Mountain juniper (Juniperus scopulorum) Very hardy tree, excellent windbreak tree Yes Yes 1RootBarrierSystem: Aphysicalorchemicalbarrierthatprohibitsordiscourageslateralrootgrowthunder sidewalksandotherhardscapeareas. Page 240 of 340 SB2024-005: Prohibit Landscaping Practices for Water Conservation December 9, 2024 Presented By: Bryan Isham, Planning Manager Pa g e 2 4 1 o f 3 4 0 SB2024-005: Summary •Beginning January 1, 2025, the law prohibits local governments or homeowners’ associations from installing, planting, or placing nonfunctional turf, artificial turf, or invasive plant species on any commercial, institutional, or industrial property or transportation corridor. •The Department of Personnel and Administration (DPA) must not use prohibited landscaping in construction and renovation projects on state facilities. The bill does not apply to artificial turf on athletic fields of play. Pa g e 2 4 2 o f 3 4 0 SB2024-005: Timeline of Key Milestones January 1, 2026:Local entities must enact laws that prohibit the installation of nonfunctional turf, artificial turf, and invasive plant species as part of a new development or redevelopment project for commercial, institutional, or industrial property, common interest community property, street right-of-way, parking lot, median, or transportation corridor. Pa g e 2 4 3 o f 3 4 0 SB2024-005: Analysis •Title 16 requires that new, and certain expansions of, commercial, institutional, or industrial development provide open space within the development. •Minimum requirements are based on the district the development is located in. Excerpt from Table 5-2: Residential Building and Lot Standards Building Type Minimum Lot Standards Lot Coverage All R-1, R-2, and MU-R-3 Districts Other Building Types Any permitted freestanding non- residential uses 40% (Means that 60% open space is required, with exceptions) Excerpt from Table 6-1: Non-residential Lot and Building Standards Zoning District Lot Standards Open Space M-1 Mixed-use Medical 10% M-2 Mixed-use Medical 10% MU-B-1 Mixed-use Commercial 10% MU-B-2 Mixed-use Commercial 10% I-1 -Industrial 8% I-2 -Industrial 8%Pa g e 2 4 4 o f 3 4 0 SB2024-005: Analysis •Although current Title 16 regulations do not specifically require the installation of any type of turf grass, it also does not prohibit its use. Requirements for open space without strict numeric standards could be a factor in the use of turf grass Pa g e 2 4 5 o f 3 4 0 SB2024-005: Conclusion •Compliance with these regulations will require changes to Title 16 and updates to the Englewood Landscape Manual. Additional discussion may be needed for effects on city property and projects. Pa g e 2 4 6 o f 3 4 0 STUDY SESSION TO: Mayor and Council FROM: Brad Power, Bryan Isham, John Voboril DEPARTMENT: Community Development DATE: December 9, 2024 SUBJECT: Progress report on Englewood Forward Comprehensive Plan Update DESCRIPTION: Progress report on Englewood Forward Comprehensive Plan Update RECOMMENDATION: Staff recommends council review of the study session communication and materials that document progress made on the Englewood Forward Comprehensive Plan Update process that began in October of 2024. PREVIOUS COUNCIL ACTION: City council adopted the Englewood Forward Comprehensive Plan by resolution on February 21, 2017. Council was briefed on a proposal for a comprehensive plan supplemental update process on September 23, 2024. Council indicated support for the supplemental update project to proceed and provided guidance for the process. SUMMARY: Community Development began working closely with the communications department to develop a social media outreach and messaging campaign, an Englewood Engaged project website page, and graphical assistance for the November 19, 2024 informational community open house held in the Civic Center Community Room. Community Development staff presented the Englewood Forward Comprehensive Plan Update proposal to the planning and zoning commission (PZC) as the official kickoff for the project at the October 8, 2024 PZC study session. Additional study sessions were held on October 22 and November 19, 2024. ANALYSIS: Social Media Campaign and Open House Project Messaging Project Goals  Incorporate supporting plans, studies, and projects completed since 2017.  Bring indicator data up to date.  Revise and consolidate maps/policies, include new neighborhood boundaries.  Incorporate city council direction for recent state land use legislation.  Assist city council in the development of future work programs. Page 247 of 340 What is Not Included in the Update  Does not revisit and make changes to the Unified Development Code/Title 16.  Does not rezone property.  Does not change themes, goals, and objectives.  Does not change land use intensity category for R-1 and R-2 zoned areas. The November 19 open house included five stations, with two informational boards each.  Station 1: Comprehensive Plan Update Expectations, City Planning 101  Station 2: Englewood City Planning History – 1969 Plan, 1979 Plan  Station 3: Englewood City Planning History – 2003 Plan, 2017 Plan  Station 4: Comprehensive Plan Scope of Work – Part 1, Part 2  Station 5: Comprehensive Plan Scope of Work – Part 3, Part 4 There were 12 entries on the sign-in sheet representing 13 individuals. Attendees included both PZC members, as well as interested citizens. October 22, 2024 PZC Study Session The October 22, 2024 PZC study session focused on Part 1 and Part 2 of the current comprehensive plan, which included a discussion of what to include and how to structure the supplemental update document. Part 1 serves as an educational introduction to the plan. It includes a brief history of the community and introduces themes that together create the vision for the plan. The supplement may include information related to projects completed since the original adoption of Englewood Forward and the addition of the new Englewood neighborhood map. Part 2 includes key takeaways from a global trends report produced by Progressive Urban Management Associates, a Denver consulting firm focused on downtowns and business districts. A new 2023 report is now available. Staff shared the new report with commissioners. Downtowns have recently emerged from the COVID-19 global pandemic with varying rates of recovery. The pandemic greatly accelerated trends that hit downtowns hard and have led to fundamental transformations of downtown markets. As the effects of the pandemic fade, downtowns are experiencing exciting opportunities for positive change but also face strong headwinds from trends that are likely here to stay. Conclusions for Downtowns  Pandemic was the great accelerator of trending change.  Demographics remain favorable but cannot be taken for granted.  All downtown real estate sectors require fresh thinking.  In a polarized age, downtowns play a critical role as central gathering places.  Many of downtown’s most pressing challenges will require local and regional collaboration.  Downtowns will benefit from embracing a new generation of leadership. Page 248 of 340 Implications for Management Organizations  Fundamentals (clean, safe) remain fundamental.  Activate storefronts and reinvent offices.  Create inviting civic spaces, program them differently.  Focus on amenities to become a neighborhood for living. Top 10 Global Trends  01 Changing Demographics  02 Talent and Labor ^  03 Future of Work ^  04 Consumer Behaviors ^  05 Housing Crisis ^  06 Finding Community in a Polarized Age ^  07 Public Health and Safety ^  08 Climate and Environment ^  09 Technology  10 Growing Inequity and Inequality ^ Bold indicates previous trend from 2017. ^ Indicates acceleration since 2020. November 19, 2024 PZC Study Session The November 19 PZC study session focused on updated indicator data. A brief summary of positive and negative indicator trends is included for city council's information: Plan Theme Total Number of Indicators Positive Trending or Neutral Negative Trending New Concerning Indicators Live 12 8 4 0 Home Values - Rapidly Increasing, decreasing affordability. Permit Fees New Construction - Sharp decrease in 2024 (high interest rates). Work 10 7 3 0 Jobs Housing Balance - Housing stock growing, while employment growth remains flat. Shop 7 6 0 1 Move 9 7 2 0 Transit and biking/walking to work have recently declined. Page 249 of 340 Plan Theme Total Number of Indicators Positive Trending or Neutral Negative Trending New Concerning Indicators Learn 3 3 0 0 Play 3 3 0 0 COUNCIL ACTION REQUESTED: No council action is requested at this time. FINANCIAL IMPLICATIONS: There is no direct fiscal impact associated with the Englewood Forward Comprehensive Plan Update project. CONNECTION TO STRATEGIC PLAN: Infrastructure A city that proactively and in a cost-effective manner invests in, maintains, and plans to protect its infrastructure. Transportation A city that proactively and in cost-effective manner invests in, maintains, improves and plans to protect its infrastructure. Economy A city that retains and supports existing businesses while attracting and promoting new business ventures. Community Engagement Vibrant, engaged and connected neighborhoods as part of the Englewood community. Sustainability A city that stewards its resources for the benefit of current and future generations. Community Wellbeing A city that provides satisfying opportunities for the vitality, welfare and happiness of the community. OUTREACH/COMMUNICATIONS: The communications department has launched a social media campaign in order to ensure that the Englewood community is aware of the project. The initial aspect of which was to invite community members to attend the first project open house on November 19, 2024 to learn more about the project. ATTACHMENTS: 1. November 19, 2024 Open House Presentation Boards 2. October 22, 2024 Planning and Zoning Commission Study Session Materials 3. November 19, 2024 Planning and Zoning Commission Study Session Materials 4. Staff Presentation Page 250 of 340 Comprehensive Plan Update Expectations •Incorporate supporting plans, studies, projects completed since 2017. •Bring indicator data up to date. •Revise and consolidate maps/policies, include new neighborhood boundaries. •Incorporate City Council direction for recent state land use legislation. •Assist City Council in the development of a planning work program. Project Goals S U N I V E R S I T Y B L V D W EVANS AVE S S A N T A F E D R SO U T H P L A T T E R I V E R W DARTMOUTH AVE W OXFORD AVE E OXFORD AVE W QUINCY AVE E QUINCY AVE W BELLEVIEW AVE E BELLEVIEW AVE W TUFTS AVE E TUFTS AVE W YALE AVE E FLOYD AVE S B R O A D W A Y S B R O A D W A Y S Z U N I S T S F E D E R A L B L V D S W I N D E R M E R E S T S L O W E L L B L V D S D O W N I N G S T S C L A R K S O N S T E DARTMOUTH AVE Baker Park Bannock Hawthorn Romans Park Hampden Hills Yale Heights Kimble Kroft ParkBates Logan Forest Hill Arapahoe Acres Strayers Broadway Heights Vista Heights Cushing Park Cinderella City Skerritts Hamilton HeightsLogandale South Lawn Gardens Platte River Wes t Platte River South General Iron Works Historic Downtown Wellness District Mansfield Heights S. Broadway Heights Cherrelyn Jackson Heights Clayton Jason Park Rotolo Whitaker Brookridge Belleview ParkBelisle Centennial Acres Knollwood View Signal Hill Duncan Park Old Town Kent N W E S 2 1 11 12 8 10 9 7 3 4 13 6 5 15 14 16 1 CUSHING PARK 2 GOTHIC THEATRE 14 CHASE TOWER 7 COMMUNITY BANK 15 CHERRELYN TROLLEY 16 ENGLEWOOD STATION RTD STOP 3 ENGLEWOOD DEPOT 11 JASON PARK 10 PIRATE'S COVE WATER PARK12 OXFORD STATION RTD STOP 9 FARM & TRAIN 8 A & A TRADIN' POST 13 THOMAS SKERRITT HOUSE 6 HOSPITALS IL L U S T R A T E D B Y N A T E P A D A V I C K 4 GRASS GATEWAY 5 ROMAN'S PARK ½ MILE Englewood, Colorado! WELCOME TO •Does not revisit and make changes ƥūÀŠĿǶĚē'ĚDŽĚŕūƎŞĚŠƥ ūēĚɍ •Does not rezone property. •Does not change themes, goals and objectives. •Does not change land use intensity category for R-1 and R-2 zoned areas. What the Update is Not Doing Scan to learn more about the plan and stay updated Page 251 of 340 Comprehensive City Planning 101 Policy document for physical and programmatic development. Long range time horizon, 20+ years. Relevant topical areas: •Land use •Housing •Business and Employment •Transportation •Parks and Open Space •Infrastructure •Other (Sustainability, Arts, etc.) What is a Comprehensive Plan? ENGLEWOOD FORWARD COMPREHENSIVE PLAN IS: GENERALIZED Provides general guidance and di- rection for city growth and development. COMPREHENSIVE Addresses all the elements or components felt to be important in af- fecting the physi- cal, economic and social concerns of the city. LONG RANGE Presents a long-term vision for the community. NOT STAGNANT Should evolve through time through review and updating. Englewood has an annual review process to amend the Comprehensive Plan. NOT A ZONING ORDINANCE The Comprehensive Plan is not an ordi- nance, but directly informs decisions in land use codes, de- velopment patterns and prioritization of city funds. Plan of Chicago - 1909 NYC Zoning Ordinance - 1916 Standard State Zoning Enabling Act - 1926 Standard State Planning Enabling Act - 1928 •Colorado - 1925 •Denver - 1925 •Englewood - 1940 (Population 9,680) Comprehensive planning forms the basis for community zoning districts and regulations. Brief City Planning Development History Timeline Page 252 of 340 Englewood City Planning History 1969 Comprehensive Plan: Cinderella City Era Plan consists primarily of narrative and maps. City now largely built out and surrounded by neighboring developed cities. Future growth will be driven by ĿŠǶŕŕîŠēēĚŠƙĿǶČîƥĿūŠɍ Mall allows City to begin addressing long-standing problems. The Time to Plan, Act, Care •History and Character •A Place to Live •Population and Land Use •Public Facilities •Recreational Plan •Drainage Plan •Master Street Plan •Central Business District Areas of Focus Page 253 of 340 Englewood City Planning History 1979 Comprehensive Plan: Urban Renewal Era Urban renewal primarily focused ūŠgĿƥƥŕĚ'ƑNj ƑĚĚŒǷūūē mitigation and repositioning properties as revenue producers: •Englewood Plaza •Englewood Marketplace •Safeway •King Soopers •Home Base/Buyer’s Club Implementation Spotlight: Downtown Urban Renewal Plan adds goals and courses of action to traditional narratives and maps. Acknowledgement of existing and new challenges: • ĿŠɍ ĿƥNjɇƥƑîIJǶČɈČūŠijĚƙƥĿūŠɈŠūĿƙĚɍ •Infrastructure to support needed redevelopment in blighted commercial areas. •Aging housing stock, lacking in diversity. 1979 Comprehensive Plan •Downtown •Commercial Corridors •Industrial •Housing •Transportation •Parks and Recreation Areas of Focus Page 254 of 340 Englewood City Planning History Plan reinvention and modernization. Lays foundation for all planning going forward. •Extensive lists of timeless goals/objectives. • ƙƙĚƥƙîŠē ĺîŕŕĚŠijĚƙūIJǶƑƙƥɠƑĿŠijƙƭċƭƑċƙɍ •3 R’s – Revitalization, Redevelopment, Reinvention. •Areas of Change Versus Areas of Stability. •Implementation – Small Area Planning. Road Map Englewood •Regional Cooperation •Housing •Parks and Open Space •Business and Employment •Transportation •Environmental Quality •Cultural Arts Areas of Focus No land use maps! Major rezonings not anticipated at time of adoption. 2003 Comprehensive Plan: Post URA/CityCenter Era Small area planning process initiated by City Council interest in fostering redevelopment. Created goals and objectives for each sub-area: Areas of stability or change. Establishment of M-1 and M-2 Medical Zone Districts. Implementation Spotlight: Downtown and Medical District Small Area Plan (2007-2012) Page 255 of 340 Current Englewood Comprehensive Plan Neighborhood Area Assessments: •Catalytic Activity •Mixed Use Transition •Residential Transition •Areas of Stability Implementation: •Monitoring Program •Annual Review of Indicators •Strategies/Financing Tools •Annual Work Program Englewood Forward 2016-2017 Comprehensive Plan: Rapid Change Era •Live (Housing) •Work (Business/Employment) •Move (Transportation) •Shop (Retail) •Learn (Cultural Arts/Sustainability) •Play (Parks/Open Space/Recreation Goal Areas of Focus Developed in conjunction with Light Rail Corridor Next Step Study (2015) and Walk and Wheel Plan (2015). CityCenter Englewood originally zoned as a Planned Unit Development. Rezoned CityCenter PUD back to MU-B-1 base zone district, added a Transit Station Area Overlay in anticipation of transit-oriented redevelopment. ¬ƎĚČĿǶČ¡ŕîŠĿƙîĺNjċƑĿēƎŕĿŠij and zoning document. Implementation Spotlight: Englewood Light Rail Transit ¬ƥîƥĿūŠƑĚî¬ƎĚČĿǶČ¡ŕîŠɚȃȁȃȃɛ Page 256 of 340 Comprehensive Plan Update Scope of Work Include projects completed since adoption and new Neighborhood Map. Plans and Studies (14) Code Amendments (4) Rezonings (9) Bicycle, Pedestrian, and Roadway (18) Parks (9) Stormwater (2) Utilities (2) 1. ¬NjŠĚƑijNjqĚēĿČîŕ~IJǶČĚƭĿŕēĿŠij¡À'ɚȃȁȂȉɛ 2. The Hive on Broadway PUD (2019) 3. Englewood Transit Station Area Rezoning (2021) 4. GĿǶĚŕē/ŠijŕĚDžūūē¬ƥîƥĿūŠ¡À'ɚȃȁȃȂɛ 5. 3690 S. Jason Street PUD (2022) 6. 3601 S. Huron Street PUD (2022) 7. 3600 S. Galapago Street PUD (2022) 8. The Embrey – Oxford and Navajo PUD (2023) 9. Waste Management PUD (2024) Recent Rezoning Project Example Part 1: Importance of Englewood S U N I V E R S I T Y B L V D W EVANS AVE S S A N T A F E D R SO U T H P L A T T E R I V E R W DARTMOUTH AVE W OXFORD AVE E OXFORD AVE W QUINCY AVE E QUINCY AVE W BELLEVIEW AVE E BELLEVIEW AVE W TUFTS AVE E TUFTS AVE W YALE AVE E FLOYD AVE S B R O A D W A Y S B R O A D W A Y S Z U N I S T S F E D E R A L B L V D S W I N D E R M E R E S T S L O W E L L B L V D S D O W N I N G S T S C L A R K S O N S T E DARTMOUTH AVE Baker Park Bannock Hawthorn Romans Park Hampden Hills Yale Heights Kimble Kroft ParkBates Logan Forest Hill Arapahoe Acres Strayers Broadway Heights Vista Heights Cushing Park Cinderella City Skerritts Hamilton HeightsLogandale South Lawn Gardens Platte River West Platte River South General Iron Works Historic Downtown Wellness District Mansfield Heights S. Broadway Heights Cherrelyn Jackson Heights Clayton Jason Park Rotolo Whitaker Brookridge Belleview ParkBelisle Centennial Acres Knollwood View Signal Hill Duncan Park Old Town Kent N W E S 2 1 11 12 8 10 9 7 3 4 13 6 5 15 14 16 1 CUSHING PARK 2 GOTHIC THEATRE 14 CHASE TOWER 7 COMMUNITY BANK 15 CHERRELYN TROLLEY 16 ENGLEWOOD STATION RTD STOP 3 ENGLEWOOD DEPOT 11 JASON PARK 10 PIRATE'S COVE WATER PARK12 OXFORD STATION RTD STOP 9 FARM & TRAIN 8 A & A TRADIN' POST 13 THOMAS SKERRITT HOUSE 6 HOSPITALS IL L U S T R A T E D B Y N A T E P A D A V I C K 4 GRASS GATEWAY 5 ROMAN'S PARK ½ MILE Englewood, Colorado! WELCOME TO Page 257 of 340 Comprehensive Plan Update Scope of Work Current Comprehensive Plan Content Goal Live-1: Promote a balanced mix of housing opportunities serving the needs of current and future Englewood citizens. Objective Live-1.1. Allow for housing that meets the needs of all income groups, including appropriate type and location of housing. Objective Live-1.2. Allow for housing investments that improve the housing mix and serve different lifecycle stages and groups with special needs in appropriate locations, including single-family, duplex, townhome, condominium, multi-family, and accessory dwelling units. Goal and Objectives Example Part 2: Englewood’s Framework No changes to vision, themes, goals and objectives. Provide reference back to original comprehensive plan document. Include updated trends. Include updated snapshot data. Page 258 of 340 Comprehensive Plan Update Scope of Work Part 3: Neighborhood Assessments •Consolidate maps from 13 to 6. •No changes to land use intensity categories R-1/R-2 zone districts. •Add new neighborhood boundaries. •Add new features to maps (drainage, transit areas, etc.). •Redistribute neighborhood policies. •Potentially add new policies. Downtown/Englewood Station Area Land Use Map •Catalytic Activity (red) •Mixed Use Transition (orange) •Residential Transition (yellow) •Areas of Stability (white) Area Description TŠǷƭĚŠČĿŠij¹ƑĚŠēƙ Neighborhood Area Policies Catalytic Activity and Mixed-Use Transition Area Text Neighborhood Assessment Example Page 259 of 340 Comprehensive Plan Update Scope of Work Part 4: Realizing the Plan •Include updated indicator data. •Check for relevance, add, delete, or modify strategies. •Include prioritized strategies for two-year work program development. 1.0 Single Family Neighborhoods 1.1 Facilitate and connect interested parties to îDŽîĿŕîċŕĚǶŠîŠČĿŠijūƎƥĿūŠƙūƑƎƑūijƑîŞƙIJūƑîČČĚƙƙ to low interest loans for home improvements and renovations to maintain existing housing stock. 1.2 Assist and facilitate home expansion and improvements that are compatible with the local neighborhood area. 1.3TŞƎŕĚŞĚŠƥŠĚĿijĺċūƑĺūūēƥƑîIJǶČČîŕŞĿŠij measures on local streets that exceed 10,000 average trips per day. Strategies Example Scan to learn more about the plan and stay updated Page 260 of 340 TO: Planning and Zoning Commission THRU: Brad Power FROM: Bryan Isham, John Voboril DATE: October 22, 2024 SUBJECT: Case 2024-03, Comprehensive Plan Update: Parts 1 and 2 Discussion SUMMARY: It is considered to be a best practice to conduct a periodic review of the comprehensive plan in terms of current relevance, accomplishments, and future direction at least once every five years. Community Development staff held a study session with city council regarding a proposed update of the Englewood Forward Comprehensive Plan on September 23, 2024. City council indicated general support for a plan update, and provided guidance on the approach to the project, content and scheduling.  Project goals and boundaries must be communicated in an explicit fashion.  In favor of a deliberate and cautious approach. Desire opportunities for council review at key project milestones.  Prefer an emphasis on incorporating recent decisions and projects and keeping new proposals and ideas to a minimum.  Council direction on state legislation and affordable housing task force recommendations will play a critical role.  Neighborhood Assessments (Policies and Maps) will require sensitivity and need to be reviewed closely by council.  Emphasis on underlying infrastructure conditions and needs. Staff introduced the update project to the Englewood Planning and Zoning Commission in a study session held on October 8, 2024. For the follow-up October 22, 2024 study session, staff requests that commission members review Englewood Forward Parts 1 and 2 in detail. Staff are requesting discussion and direction regarding strategizing content for the update document. A working document framework has been included as an attachment to assist the conversation. Page 261 of 340 ANALYSIS: The October 22, 2024 study session will focus on Part 1 and Part 2 of the current comprehensive plan, forming discussion on what to include and how to structure the update document. Part I: Importance of Englewood  Introduction  Plan Development  Englewood’s Foundation  Englewood Forward’s Vision Part I serves as an educational introduction to the plan. It includes a brief history of the community and introduces themes that together create the vision for the plan. The supplement may include information related to projects completed since the original adoption of Englewood Forward and the addition of the new Englewood neighborhood map. Part II: Englewood’s Framework  Global Trends  Key Indicators  Goals and Objectives Global Trends Report A 2023 Global Trends Report is available and has been provided as an attachment. Staff requests that commissioners review the report in detail for the October 22, 2024 study session. A brief summary is provided below, with more details to follow at the October 22, 2024 study session. Commissioners are requested to prepare ideas for discussion at the study session for the greater downtown area that are responsive to the report findings. Downtowns have recently come out of the COVID-19 global pandemic. The pandemic greatly accelerated trends that impacted downtowns hard and have led to fundamental transformations of downtown markets. As the effects of the pandemic fade, downtowns are experiencing exciting opportunities for positive change but also face strong headwinds from trends that are likely here to stay. Conclusions for Downtowns  The pandemic was the great accelerator of trending change.  Demographics remain favorable but cannot be taken for granted.  All downtown real estate sectors require fresh thinking. Page 262 of 340  In a polarized age, downtowns play a critical role as central gathering places.  Many of downtown’s most pressing challenges will require local and regional collaboration.  Downtowns will benefit from embracing a new generation of leadership. Implications for Management Organizations  Fundamentals (clean, safe) are still fundamental.  Activate storefronts and reinvent offices.  Create inviting civic spaces, program them differently.  Focus on amenities to become a neighborhood for living. Top 10 Global Trends Overview  01 Changing Demographics  02 Talent and Labor ^  03 Future of Work ^  04 Consumer Behaviors ^  05 Housing Crisis ^  06 Finding Community in a Polarized Age ^  07 Public Health and Safety ^  08 Climate and Environment ^  09 Technology  10 Growing Inequity and Inequality ^ Key Indicators Key indicators will be reviewed at a future study session. Goals and Objectives Plan themes and the corresponding theme goals and objectives are broadly enduring over time, and still relevant today. Additions or changes to the plan themes, goals, and objectives are not proposed in the supplement. Page 263 of 340 ATTACHMENTS: 1. Comprehensive Plan Update - Working Draft 2. 2023 Global Trends Report 3. Presentation Page 264 of 340 cover page ENGLEWOOD FORWARD COMPREHENSIVE PLAN UPDATE MAY, 2025 Pa g e 2 6 5 o f 3 4 0 2 Foreword Insert text that picks up where 2016 Foreword left off. • New developments • Accomplishments • COVID-19 • Continued development of housing crisis, state legislation Include Vision here and in Part 1, or exclude here? Pa g e 2 6 6 o f 3 4 0 3 Englewood’s Vision Include Vision here and in Part 1, or exclude here? LIVE Current and future Englewood residents will have opportunities to choose from a variety of high-quality housing stock that incorporates a range of housing types and densities that appeal to the needs and desires of families, singles, and seniors, within desirable neighborhoods. WORK Current and future Englewood residents will have opportunities to provide their talents and skills in Colorado’s economy locallythroughtheCity’ssupportofflexiblelandusesandexpandedindustrialandincubator spaces, and regionally through convenient transit access to Downtown Denver. SHOP Current and future Englewood residents will have opportunities to shop and dine at high quality neighborhood businesses featuring a wide array of products, services and healthy food within walking distance from their homes. The City of Englewood will also continue to market itself as the southern suburbs historical downtown, as well as capitalize on the City’s strong daytime population. MOVE Current and future Englewood residents will enjoy safe walking and bicycling connections to transit, the central business district, neighborhood-serving businesses, parks and recreational facilities, and schools. Pa g e 2 6 7 o f 3 4 0 4 LEARN Children and teens will enjoy a strong public school system offering a wide choice of quality educational programs. Current and future Englewood residents will enjoy opportunities for cultural enrichment through the arts as well as opportunities to participate in life-long learning activities. PLAY Current and future Englewood residents will enjoy an enhanced park and open space system that includes local neighborhood parks, as well as regional parks that offer specialized destination facilities and amenitiesandexpanded and improved regional leisure and recreational amenities in South Platte River corridor. Pa g e 2 6 8 o f 3 4 0 5 Acknowledgements City Council Planning and Zoning Commission Boards and Commissions City Staff Pa g e 2 6 9 o f 3 4 0 6 Table of Contents Chapters Part 1: The Importance of Englewood Part 2: Englewood’s Framework Part 3: Envisioning the Plan Part 4: Realizing the Plan Tables Figures Pa g e 2 7 0 o f 3 4 0 7 PART 1: The Importance of Englewood Chapter cover Pa g e 2 7 1 o f 3 4 0 8 Introduction Insert new text Project Goals • Review land use, housing, transit and other plan elements. Develop policies and supplement plan accordingly. • Discern how 2024 state land use legislation parameters and mandates may affect the comprehensive plan update and develop appropriate city policies for inclusion in the comprehensive plan update. • Reprioritize plan elements, develop or revise work programs, and enable implementation projects to proceed. What is the Comprehensive Plan? Revise Englewood Forward establishes a vision for the City’s land use while also serving as a policy document containingdirectionforthe developmentofEnglewoodoverthe next10plusyears.The Plansets forth broad principlestosupportsixplan themes: Live, Work, Move, Shop,Learn, andPlay. Basedon theseprinciples, detailed goals and objectives outline how the vision can be realized. Locationsofstability,transition,andcatalytic change are identifiedfor13unique neighborhood areas within the City. These tools allow Englewood to take advantage of timely opportunities to continue to provide a high quality of life for its citizens, visitors, employers and businesses. The Plan also includes monitoring and strategy recommendations for long-term implementation. The Plan outlines a direction forward that recognizes Englewood’s history, preserves those elements that make Englewood a great place, and promotes actions to help the City thrive and strengthen in the coming years. How to use this plan? Englewood Forward is designed to be an interactive tool to be used by the community, City staff and elected Pa g e 2 7 2 o f 3 4 0 9 officials.The Planisorganizedintofourparts,eachofwhichrelate tothe projectreviewprocess(See Figure 1-1).Thefollowingfourcheckpointsshouldbeusedinevaluationofalldevelopmentproposals,alongwith informing the strategies and work plans of Englewood’s boards and commissions. Insert plan organization graphic Plan Development Process Insert new text The Comprehensive Planprocessinvolvedfourphases: Phase 1: Project Initiation, was a review of previous plans and analysis of baseline conditions. The Englewood Snapshots, or baseline conditions, are presented in Part 2 of the Plan. The Community IndicatorsReport,asupplementarydocumentintheAppendix,expands on the Snapshots with additional data and trend analysis. Phase 2: Vision & Trends, developed the Englewood Forward visionandidentifiedplanthemes.Subjectexpertsand Citydepartment directorscompletedanaudit ofthe2003 ComprehensivePlanto identify policies to carry forward. Key indicators and planning trends were alsoidentified. Phase 3: Community Choices and Neighborhood Assessment, assessedneighborhoodareastoidentifyspecific, location-based opportunities and issues including catalytic sites and Pa g e 2 7 3 o f 3 4 0 10 areas of transition. Phase 4: Strategies and Implementation, refinedthe strategic choices determined by input received from the City Council, stakeholders,andthepublic.Withthisinput,the teamrecommended adjustments to key policies, developed an annual work plan, and identifiedkeyindicators-ways to measure progress -in order to monitor the Plan once adopted. Public Involvement and Outreach Insert new text Public Events and Small Groups Insert new text City Council and Planning and Zoning Commission Insert new text Pa g e 2 7 4 o f 3 4 0 11 Englewood’s Foundation City Development and Planning History Insert existing text, make additions for recent years Regional Context and Connectivity TheCityofEnglewoodisafirst -ring suburb, south of Denver. The City is bordered by a number of other communitiesincludingCherryHillsVillage tothe east,Littletontothe south,andSheridantothe west(Figure 1-3).Since Englewoodislandlocked,the opportunitiesforpotentialgrowthare constrainedtowithincitylimits. Given its strategic location, Englewood is highly accessible via highways, recreation trails, light rail, and bus. The multimodal access is advantageous to attracting customers and businesses along with the current lifestylesofMillennials(those bornroughlybetween1982 -2004) andBabyBoomers(thosebornbetween 1946-1964). Twomajor highwaysprovideexcellentvehicular connectivity: Hampden Avenue/US285runs east-westacrossthenorthern thirdofEnglewood, andSantaFeDrive/US85runsnorth-south along the westernportionoftheCity.TheSouthPlatteRegionalTrailandMaryCarterGreenwaytraversesinandout of Englewood to the west of Santa Fe along the South Platte River. These north-south spine trails connect toparks,golfcourses,andotherregionaltrailsinthe region,includingthe BearCreekTrailinSheridanand the Cherry Creek Trail in downtown Denver. Englewood is regionally connected via light rail and bus. The RegionalTransportationDistrict’s(RTD)southwestlightraillinestopstwice inEnglewood;atthe Englewood Stationat CityCenterandtheOxfordStation.Multiplebusroutesconnect thelightrailstationswiththerest Pa g e 2 7 5 o f 3 4 0 12 of the Englewood and the RTD system with a limited-stopbusalongSouthBroadwaythroughtheheart of Downtown. Importance of Corridors Not only are Englewood’s transportation corridors important for moving people throughout the City, they act as vital employment and retail destinations for residents and visitors. Perhaps moreimportantly,Broadwayandthe Hampden/US285corridorsprovide neighborhood and retail opportunities. In addition, these corridors provide the gateways, or thefirstglimpse,ofEnglewoodandshould highlight the community and its strengths with signage, high quality development, and catalytic activity. Englewood continues Denver’s north-south grid, which makes on-street bike connections convenient and efficient. Linkingresidents to the neighborhood edge, with local retail and restaurant opportunities, is vital to a complete neighborhood area. Integration with Metro Vision Add new text with excerpts from Metro Vision Other Existing Plans Exclude and provide reference to original plan? Supporting Implementation Plans and Projects The following provides a synopsis of implementation projects that have been completed in support of Englewood Forward: Plans and Studies Pa g e 2 7 6 o f 3 4 0 13 •2017 ArapahoeCountyBicycleandPedestrianPlan •2018 UrbanLandInstituteHealthCorridorNationalStudyVisit •2019 SouthPlatteConnectionsStudy •2020 Light RailCorridorNextStepStudy:DDAFormation •2021 EnglewoodDowntownPlan •2021 OxfordStationIndustrialTODStudy •2021 EnglewoodStationArea SpecificPlan •2022 EnglewoodWalk andWheelMasterPlanUpdate •2022 Santa FeDrivePlanningandEnvironmentalLinkagesStudy • 2022 Economic Development Strategic Plan •2023 USHighway285 CongestionStudy •2023HousingNeeds AssessmentStudy •2024 SouthBroadwayCorridorStudy(BusRapidTransit) •2024 EnglewoodStationMulti -modal Corridor Study Code Amendments •2019AccessoryDwellingUnits •2019 Short TermRentals •2020UDCAmendments(PUD,LotWidth,Side FacingTownhome Regulations) •2023CodeNext:UnifiedDevelopmentCode Adoption Pa g e 2 7 7 o f 3 4 0 14 Rezonings •2018SynergyMedicalOffice Building- •2019 TheHiveonBroadway •2021 EnglewoodTransit StationArea OverlayDistrict •2021 FifieldEnglewoodStation •2022 3690 SJasonStreet •2022 3601 SHuronStreet •2022 3600 SGalapagoStreet •2023 TheEmbrey •2024 WasteManagement Bicycle, Pedestrian, and Roadway Safety Infrastructure Projects •2016 ClarksonStreet Sharrows •2017 HarvardGulchTrailReconstruction •2017 BroadwayMid -block Crossing Pa g e 2 7 8 o f 3 4 0 15 Englewood’s Vision The vision for Englewood Forward was created through input from the public, staff, and leadership of Englewood to be a concise and cohesive image of the City into the future.The visionforEnglewoodisinformedbysixthemes -live, work, shop, play, learn, and move -that make a complete city. These ideas form the basis of the plan structure and are a way to organize and clearly present the Plan’s goals but are not listed in any particular priority order. The Plan provides straightforward goals and objectives, and easy-to-readmapswithtext descriptionsthatconveythe City’sdesiredfuture characterforeachofthe sixthemes. LIVE Current and future Englewood residents will have opportunities to choose from a variety of high-quality housing stock that incorporates a range of housing types and densities that appeal to the needs and desires of families, singles, and seniors, within desirable neighborhoods. WORK Current and future Englewood residents will have opportunities to provide their talents and skills in Colorado’s economy locallythroughtheCity’ssupportofflexiblelandusesandexpandedindustrialandincubator spaces, and regionally through convenient transit access to Downtown Denver. SHOP Current and future Englewood residents will have opportunities to shop and dine at high quality neighborhood businesses featuring a wide array of products, services and healthy food within walking distance from their homes. The City of Englewood will also continue to market itself as the southern suburbs historical downtown, as well as capitalize on the City’s strong daytime population. Pa g e 2 7 9 o f 3 4 0 16 MOVE Current and future Englewood residents will enjoy safe walking and bicycling connections to transit, the central business district, neighborhood-serving businesses, parks and recreational facilities, and schools. LEARN Children and teens will enjoy a strong public school system offering a wide choice of quality educational programs. Current and future Englewood residents will enjoy opportunities for cultural enrichment through the arts as well as opportunities to participate in life-long learning activities. PLAY Current and future Englewood residents will enjoy an enhanced park and open space system that includes local neighborhood parks, as well as regional parks that offer specialized destination facilities and amenitiesandexpanded and improved regional leisure and recreational amenities in South Platte River corridor. Englewood’s Neighborhood Areas Insert new text and new map Pa g e 2 8 0 o f 3 4 0 17 PART 2: Englewood’s Framework Chapter cover Pa g e 2 8 1 o f 3 4 0 18 Snapshots Usingthebest availabledata fromtheCity,ArapahoeCounty,theUS Census Bureau,Colorado datasets and other sources, the planning team researched and synthesized information for each planning topic into a seriesof“existingconditionssnapshots.” These snapshots provide not only an overview of baseline conditions, but alsodefine howthose conditionsinfluence the developmentofpolicies, landuses, andopportunitiesfor EnglewoodForward. An extensivelist of indicator data is presented under separate cover in the “Community IndicatorsReport.”.Togetherwitha summaryofwhat weheard during the planning process, this section provides an overview of the current issues and needs of the community. Atthe endofeachtheme “KeyIndicators”are identifiedbytheme.A review of indicators will serve as a check-in on Englewood’s progress toward achieving the Vision. A monitoring program, which describes how the key indicators will be tracked and evaluated, is detailed in Part 4. Global Trends and the City of Englewood Review 2023 Global Trends Report and revise text Pa g e 2 8 2 o f 3 4 0 19 Key Indicators Will provide new data at future study session for review Goals and Objectives Exclude here and provide reference to original plan? Pa g e 2 8 3 o f 3 4 0 – “ ” ’ 20 1 1 20 1 4 20 1 7 20 2 0 20 2 3 - 2023 10TOPGLOBAL TRENDS Affecting Downtowns and How to Respond at Home This 6th edition of P.U.M.A.’s Global Trends Report comes at a pivotal moment for downtowns and urban districts. Shortly after the 2020 edition of the report was published, we were confronted with the frst global pandemic in 100 years. Our downtowns were transformed overnight. COVID-19 put a temporary pause on many of the factors that make our downtowns and urban districts special, while also accelerating changes that had long been in motion. As the deepest and most damaging phase of the pandemic continues to fade in the rear-view mirror, downtowns are experiencing exciting renaissances but also facing stronger headwinds than they have in decades. As in past editions, P.U.M.A.’s 2023 Global Trends Report introduces new trends to refect the latest market dynamics and thought leadership in the evolution of cities. Over 150 sources have been compiled in supporting research. Joining mainstay trends in demographics and lifestyles, we ofer insights into pandemic-accelerated phenomena that have become game changing considerations for cities. P.U.M.A.’s 2023 Global Trends Report examines trends through three lenses – demographics, lifestyles, and disruption. This year, new trends explore how the forces of polarization, public health, inequality, and the future of work are impacting the shape of cities and the role of downtowns. 2023 marks the 16th year that P.U.M.A. has conducted ground- breaking research to identify the top global trends impacting American cities. Originally prepared for the Downtown Denver Plan to forecast our hometown’s growth, P.U.M.A.’s Global Trends Report has subsequently been utilized in cities and towns throughout the nation to support a variety of downtown planning and economic development initiatives. P.U.M.A.’s Global Trends Report was the recipient of the International Downtown Association’s President’s Award, acknowledging its value to the place management and downtown development felds. The 2023 edition of P.U.M.A.’s Global Trends Report highlights opportunities and challenges arising from converging shifts in demographics, lifestyles, and disruptive forces that are rapidly shaping our cities. This award-winning research efort has been a go-to resource for downtown management organizations, business leaders, and local decision-makers since 2007. DEMOGRAPHICS LIFESTYLES DISRUPTION Changing American Demographics Talent & Labor Future of Work Finding Community in a Consumer Behaviors Polarized Age Public Health & Safety Housing Crisis Climate & Environment Technology Growing Inequity & Inequality DEMOGRAPHICS LIFESTYLES DISRUPTION Changing American Demographics Education, Talent & Jobs Changing Consumer Behaviors Divisive Politics Shifts in Transportation & Continued Advances in Mobility Technology Housing Climate Change The Power of Place Social Equity DEMOGRAPHICS LIFESTYLES COMPETITION Changing American Demographics Education, Talent & Jobs Changing Consumer Behaviors Shifts in Global Wealth Shifts in Transportation & Continued Advances in Mobility Technology Rise of the Mid-Tier City Housing & Livability Social Equity Regionalism DEMOGRAPHICS LIFESTYLES COMPETITION Changing American Demographics Education, Talent & Jobs Changing Consumer Behaviors Shifts in Global Wealth Shifts in Transportation & Continued Advances in Mobility Technology Infuence of Women Health & Wellness Social Equity The Rise of Regionalism Neglected Pillar of Sustainability DEMOGRAPHICS LIFESTYLES COMPETITION Changing American Demographics Education, Talent & Jobs Emergence of Young Professional Women Changing Consumer Behaviors Emergence of a Shifts in Transportation & Planetary Middle Class Mobility Continued Advances in Health, Wellness & Urban Technology Form Sustainability The Age of Austerity Mainstreamed DEMOGRAPHICS LIFESTYLES COMPETITION Changing American Demographics Trafc Congestion & Value Emergence of a of Time Planetary Middle Class Immigration Trends Changes within the Creative Class Trends in Health Care/ Wellness/Recreation Continued Advances in Technology Growth of Tourism Environmentalism, America s Growing Debt Burden Sustainability, Climate Change 20 0 7 Page 284 of 340 CONCLUSIONS FOR DOWNTOWNS Downtowns face more headwinds today than they have in decades. The pandemic accelerated demographic, lifestyle, and disruptive trends, creating new challenges. The good news is that today is not the 1980s when there was little market support for city centers – downtowns remain gifted with advantages that provide a springboard for the next generation of vitality. To guide recovery and future resiliency, downtowns can embrace a variety of economic, social, and physical changes that will diversify them in many dimensions. More than ever, it is imperative that downtown management organizations champion and lead the adaptations and transformations needed in the years ahead. The pandemic was the “great accelerator”: COVID-19 brought forth the frst global pandemic in 100 years, initially putting a freeze on downtowns’ primary advantage as the place where people gather, create, and seek entertainment. The pandemic accelerated changes that had been in motion for years, many not favorable for downtowns, including fexibility in the workplace, the demise of traditional retail brands and formats, rising housing costs, and symptoms from America’s gaping inequality most visible in a growing unhoused population. Recovery will require a new set of coordinated strategies – some old, some new – and collaboration among downtown advocates and their civic partners. Demographics remain favorable for downtowns, but cannot be taken for granted: Since P.U.M.A.’s frst Global Trends Report in 2007, demographics have largely favored downtowns. First Millennials and Boomers, and later Gen Z, were attracted to urban environments and lifestyles. Evidence shows that these demographics, particularly people under 40, remain attracted to downtowns; however, there are prerequisites to bringing workers, visitors, and residents back. Compelling, welcoming, and safe experiences are essential in a world where people have choices to be downtown, or not. Younger demographics are increasingly diverse, creating a direct link between embracing diversity and guiding downtown prosperity. DEFINING THE GENERATIONS Gen Alpha Born: 2010 - Gen Z Born: 1996 -2010 Millennials Born: 1980 -1996 Gen X Born: 1965 -1980 Baby Boomers Born: 1945 -1965 Silent Generation Born: 1928 -1945 By 2034, the US population will become the oldest in its history, with one out of every fve Americans aged 65 or older. TOP TEN GLOBAL TRENDS 2023 2 Page 285 of 340 Analysis of cell phone data by Cushman & Wakefeld has shown that employee attendance in vibrant neighborhoods – those with myriad restaurants, experiential retail, etc. – has recovered three times as much as non-vibrant neighborhoods in the same cities. All downtown dominant real estate sectors require fresh thinking: The pandemic accelerated the need to rethink the real estate that is concentrated in downtowns. As much as a quarter of traditional ofce space that exists today may never be used in the same way again. Ofce buildings will need to invest in new amenities, convert to alternative uses, or be demolished and replaced. Filling vacant storefronts is a top priority, as downtowns recalibrate activation strategies beyond retail and restaurants. Housing continues to be a promising opportunity, but ofering a variety of price points with a focus on afordability will be critical. In an increasingly polarized age, downtowns can capitalize on their traditional role as central gathering places: The pandemic broadened the gap of political polarization in America, as well as increasing mental health challenges, drug addiction, and gun violence. The CDC cited an “epidemic of loneliness” as a pre-existing condition accelerated by the pandemic. Downtowns hold the promise of a higher form of community and human connectivity to combat these ills. By creating inviting public spaces, programming, and economic opportunities that welcome all walks of life, downtowns can emerge as places that bring our society together. Many of downtowns’ most pressing challenges will require local and regional collaboration to solve: Homelessness, crime, housing afordability – the headlines in many American cities are dominated by stubborn problems the pandemic accelerated or aggravated. For the foreseeable future, with a federal government gridlocked by partisanship, most civic challenges will require local and regional collaboration to contain and solve. The advocacy role of downtown management organizations is critical to bring business expertise to the table with public and nonproft partners to develop new civic strategies. Bigger issues, including climate change and growing inequity, also require local responses and are the top concerns of people under 40, the next generation that will infuence downtowns. Downtowns will beneft from embracing a new generation of leadership: Millennials will make up 75% of the workforce by 2030, and Gen Z will be the frst cohort where white people are in the minority. Generational shifts are happening throughout the nation, and downtowns, who will depend on younger demographics to prosper and thrive, need to welcome and refect societal change. For downtown management organizations, this creates an imperative to establish clear pathways to diversify boards and staf. 3 Decades of exclusionary zoning laws coupled with rising construction costs and local opposition to multifamily projects have led to an estimated shortfall of 3.8 million units. Nationally, this housing shortage is projected to last through the end of the 2020s. Several public health trends related to mental health, gun violence, and the opioid crisis were accelerated by the pandemic and will become increasingly impactful in 2023 and beyond. Total US population growth is slowing and for the frst time immigration is making up the majority of population growth. PUMAWORLDHQ.COM 3 Page 286 of 340 IMPLICATIONS FOR DOWNTOWN MANAGEMENT ORGANIZATIONS The fundamentals are… fundamental: Downtown Management Organizations (DMOs) and their civic partners need to remain focused on the clean and safe fundamentals that launched the business improvement district movement more than 50 years ago. The pandemic revealed the importance of clean and safe teams maintaining a consistent uniformed presence on downtown streets. Safety concerns, whether real or perceived, remain barriers to regaining consumer confdence in the downtown experience. In cities with unhoused populations, deploying and/or sponsoring social impact teams, working collaboratively with local and county governments and other agencies, is a near-term strategy, while longer-term solutions should be advanced by regional coalitions. Activate storefronts and reinvent ofces: The lingering impacts from the pandemic have reafrmed the economic vitality role within DMOs. Storefront activation has become a priority in most downtowns as retail and restaurant sectors regain their post-pandemic footing. Non-white communities are vastly underserved by the retail sector on-the-whole, presenting additional options for downtowns. In the ofce market, DMOs can be thought partners with the local real estate community, ofering data, research, and knowledge of trends to help guide the reuse of outdated space. Local land use regulations and incentives may need to be adjusted to jump-start building conversions. Create inviting civic spaces…: The pandemic forced outside-the-box thinking, a result of which was the creative use of outdoor spaces to expand dining and retail options and to provide healthy places for people to gather. Many pandemic-era outdoor innovations should become permanent. Downtowns should advance new parks and gathering spaces that ofer a break from hardscapes. The greening of downtowns creates a more attractive living and working environment, plus ofers the beneft of moderating urban heat islands. Thinking outside the box shouldn’t just be a last resort, but part of the DMO ethos moving forward. …and program them diferently: Many DMOs are augmenting large festivals and events with frequent, smaller-scale, community-oriented programming that showcases local music, arts, and culture. Celebrating and inviting a community’s creative DNA into downtown can provide a multitude of benefts, from engaging local talent to curating unique experiences and activating storefronts and public spaces. Storytelling that expresses both current conditions and history from nearby neighborhoods or the city-at-large can be featured. Focus on creating amenities – and becoming a neighborhood – for living: Residential development remains a strong market opportunity for most downtowns, but downtowns need to look and feel like places residents want to be in order to take full advantage of the opportunity. To entice development, DMOs can focus on creating a variety of amenities that support a complete neighborhood, such as grocery and other residential services, dog parks and active recreation, a lively dining and entertainment scene, and child care to help attract and retain young families. Other more ambitious infrastructure changes are also benefcial, such as bufering sidewalks from auto trafc via more street trees and furnishings, widening sidewalks, adding parklet dining spaces, completing one- to-two-way street conversions, and improving pedestrian connections to surrounding neighborhoods. Options for afordable rental and ownership housing will be increasingly important. Downtown housing should also be viewed as a return-to-work strategy, as lengthy commutes are one of the top reasons workers prefer working remotely. TOP TEN GLOBAL TRENDS 2023 4 Page 287 of 340 “ The pandemic loss of the traditional ofce ecosystem Welcome diverse cultures, ofering both social and economic opportunities: Downtowns’ traditional roles as regional economic hubs and “town squares” continue as cities diversify, fueled by growing Gen Z (America’s frst non-white majority generation) and immigrant populations. DMOs can engage with diferent demographics through inclusion in programming, events, advocacy, and education. Economic opportunities, including business and/or property ownership, can pave the way for a new generation of diverse downtown stakeholders that are representative of the community’s future. It is critical for DMOs to work with neighbors and civic leaders to thwart the impacts of involuntary displacement or gentrifcation. Diversify revenue sources: DMOs that are dependent on assessment-based revenue may face shrinking budgets, as it is likely that commercial property valuations will be stagnant in the near-term and could erode in markets that are heavily dependent on ofce properties. A variety of options can be explored to diversify organizational revenue. A charitable nonproft afliate can become a conduit to philanthropic and corporate grants and sponsorships, plus its board leadership is not restricted to members or assessment-payers. Other options include parking revenue, event sponsorships, service contracts, and local government support. Be data-driven: It has never been more important for DMOs to use data – both original data that is collected via surveys and counts, as well as data from reliable external sources – to tell an accurate story of what’s happening in downtown. There’s an ongoing fascination from media and the general public about downtown recovery. If DMOs aren’t leading the charge by collecting, interpreting, and sharing the data, media – and in turn, the public – will draw has only reafrmed the vulnerability of single-sector downtowns and the necessity of reviving them as complete neighborhoods. from other sources that often do not paint a full or accurate picture. Downtown conditions are constantly evolving and newer data sources, such as mobile data, are becoming increasingly relied upon. It is important for DMOs to have staf that can “speak data” and dedicate resources to provide nuanced analysis to ofer an up-to-date and accurate story of downtown recovery. Collaborative and creative problem-solving needs to be the mantra of DMOs: As champions of downtowns, DMOs often fnd themselves caught between the goals of property and business owners, city ofcials, and other interests. Yet, given the regional, sometimes global, nature of many complex near-term challenges for downtowns, collaborative problem-solving will be critical moving forward. DMOs will need to represent downtown while working with partners in government, nonprofts, and other agencies, and be ready to participate in citywide and regional conversations. The challenges of today and tomorrow cement the importance of civic partnerships. Build infuence by adapting to a changing world: As Boomers retire, Gen X and Millennial leaders are taking the reins in corporate, government, and nonproft sectors. For many DMOs, this change is overdue, as traditional power has been established and held by legacy property and business owners. In a rapidly changing and diversifying world, the recipe for infuence has shifted. DMOs will be more infuential if their leadership is refective of and connected to the people of the region around them, diversifying by age, gender, race, and ethnicity. Pathways to guide the next generation of leaders should be created throughout DMO boards, committees, staf, and volunteer opportunities. PUMAWORLDHQ.COM 5 Page 288 of 340 TOP 10 GL OBAL TR E N DS OVE RVIE W ACCELERATION SINCE 2020 Demographics Lifestyles 01 02 03 04 05 CHANGING DEMOGRAPHICS TALENT & LABOR FUTURE OF WORK CONSUMER BEHAVIORS HOUSING CRISIS Aging country – all Labor shortages to Knowledge-based Strong spending trends National housing Boomers will be over remain through the workers seek fexible continue shortage, most dire at 65 by 2030 By 2034, those 65 and older will outnumber children (those under 18) in the U.S. for the frst time Millennials and Gen Z remain attracted to urban areas Population increasingly diverse, immigration fueling growth Several dimensions infuencing domestic migration, including proximity to family, politics, and climate change – but ultimately, afordability continues to drive migration patterns decade Millennials projected to make up 75% of workforce by 2026 Increased fexibility sought by workforce Great Reshufe as workers change jobs and professions Downtown-prominent industries like leisure, hospitality, and healthcare face a higher-than-average job opening rate while also projected to add the most jobs of any industry through this decade work arrangements, primarily to improve work-life balance, avoid unpleasant aspects of ofce work, and eliminate commutes Remote work particularly appeals to women and non-white knowledge workers Hybrid model and erosion of fve-day work week to remain Ofces (and downtowns) will need to add amenities – ofce attendance signifcantly higher in amenity-rich buildings and neighborhoods Residential conversion feasible for some buildings, not all Unprecedented channel switching and brand loyalty disruption – Millennial and Gen Z show strong preference for brands and stores refective of their values Non-white communities vastly under-served on retail, represent untapped purchasing power Preference for physical stores remains However, fundamental challenges for retail continue – labor shortages, wage pressures, infation, manufacturing costs, supply chain, and reduced foot trafc lower income levels Estimated shortfall of 3.8 million units nationally – expected to last through the end of the 2020s Increase in unhoused populations, concentrated in downtowns Demand for downtown housing remains strong Ofce-to-housing conversions increase, but not a panacea Diverse residential base and housing options now key for downtown viability TOP TEN GLOBAL TRENDS 2023 6 Page 289 of 340 Detailed Trend narratives with links to supporting research can be found on the Global Trends webpage at pumaworldhq.com Disruption 06 07 08 09 10 ACCELERATION SINCE 2020 FINDING COMMUNITY IN A POLARIZED AGE PUBLIC HEALTH & SAFETY CLIMATE & ENVIRONMENT TECHNOLOGY GROWING INEQUITY & INEQUALITY Over last two decades, Pandemic – immense Increasingly extreme, Artifcial Intelligence Income inequality Americans have public health toll and damaging, and deadly the next big infuence continues to grow – at increasingly chosen downtown disruptor weather events in the economy, its highest point in the to live in places that refect their values More politically polarized by place, less interaction Increasing divergence between red and blue America – partisan sorting, but at county rather than state level Growth in loneliness, drop in friendship rates Downtowns building on historic role as regional “third places” where communities can come together, celebrate Acceleration of challenges related to mental health, gun violence, and opioid epidemic U.S. life expectancy at lowest level since 1996, signifcantly below other wealthy nations America’s homelessness crisis intertwined with public health challenges Downtowns face perception and reality challenges from increases in crime and unwanted behaviors However, not yet afecting migration patterns A greater concern amongst Millennials and Gen Z, one bridging political divides Extreme heat and fooding as chief downtown concerns Resilient downtowns – more permeable, tree canopy, green infrastructure, building design innovations Federal investments near-term, but remains hyper-politicized impacts uncertain Cybersecurity remains a priority Friction between data gathering, security, and privacy Growth of surveillance technology in cities and downtowns Electrifcation technologies having a moment, with greatest impact to-date on mobility sector – continued growth in EVs, e-bikes, e-scooters, and infrastructure to support post-WWII era Pronounced along racial and ethnic lines – white Americans have 84% of wealth, Black Americans 4% Displacement concerns in neighborhoods adjacent to downtowns Combating inequality continues to be a strong value among many of downtowns’ key constituents Gen Z more politically and socially active, 80% won’t work for companies that don’t refect their values PUMAWORLDHQ.COM 7 Page 290 of 340 PROGRESSIVE URBAN MANAGEMENT ASSOCIATES Immersive | Market-Based | Tactical Progressive Urban Management Associates (P.U.M.A.) is a national leader in helping communities and organizations across the country create and sustain thriving places. We advise clients on a wide range of community planning, economic development, organizational management, and fnancial solutions. Downtown action plans, strategic planning, and business improvement district (BID) formation and renewal are specialties of the frm. Since 1993, we have advised more than 300 clients in 39 states, Canada, and the Caribbean. For more information, please visit pumaworldhq.com. Left to right: Yvette Freeman, Daniel Makela, Andrea Buglione, Amanda Kannard, Brad Segal, Naomi Lacewell PHOTO CREDITS: Page 2: AndreyKrav Page 3 (L to R): ampueroleonardo; Downtown Cleveland Alliance; Bethesda Urban Partnership Page 4-5: Autumn Murphy, Studio Serra Photography (Downtown San Diego Partnership) INTERNATIONAL DOWNTOWN ASSOCIATION The International Downtown Association is the premier association of urban place managers who are shaping and activating dynamic downtown districts. Founded in 1954, IDA represents an industry of more than 2,500 place management organizations that employ 100,000 people throughout North America. Through its network of diverse practitioners, its rich body of knowledge, and its unique capacity to nurture community-building partnerships, IDA provides tools, intelligence, and strategies for creating healthy and dynamic centers that anchor the wellbeing of towns, cities, and regions of the world. IDA members are downtown champions who bring urban centers to life. For more information on IDA, visit downtown.org. ACKNOWLEDGEMENTS P.U.M.A.’s 2023 Global Trends Report was led by P.U.M.A. Senior Vice President Daniel Makela. P.U.M.A. President Brad Segal served as the executive editor, collecting input from the entire P.U.M.A. team. P.U.M.A. Associate Naomi Grunditz Lacewell and Interns Ethan Greene and Frances Murray provided research support. P.U.M.A. Senior Associate Andrea Buglione designed the report. Final content was reviewed by IDA. We thank David Downey and Cathy Lin for their review, edits, and insights. This edition is backed up by over 150 sources. More detailed Trend narratives and supporting research can be found from the Global Trends page at pumaworldhq.com. © 2023 Progressive Urban Management Associates All Rights Reserved Page 291 of 340 Update to the Englewood Forward Comprehensive Plan Project Introduction and Direction October 22, 2024 Presented By: John Voboril, Senior Planner Pa g e 2 9 2 o f 3 4 0 Agenda • Review working draft, Parts 1 and 2 • Review Global Trends Report • Applying Global Trends Report to Downtown Englewood – Map Exercise Pa g e 2 9 3 o f 3 4 0 Review Working Draft Parts 1 and 2 Foreword Page 3: Themes Include here and in part I, or exclude here? Part 1: The Importance of Englewood Page 12: Other Existing Plan Exclude here, provide reference to original plan document? Pa g e 2 9 4 o f 3 4 0 Review Working Draft Parts 1 and 2 Part 2: Englewood’s Framework Page 19: Goals and Objectives Exclude here and provide reference to original document? Pa g e 2 9 5 o f 3 4 0 Global Trends Report • Downtowns have recently come out of COVID-19 global pandemic. • The pandemic greatly accelerated trends that hit downtowns hard- fundamental transformations of downtown markets. • Downtowns are experiencing exciting opportunities for positive change but also face strong headwinds from trends. Pa g e 2 9 6 o f 3 4 0 Global Trends Report: Conclusions • Pandemic was the great accelerator of trending change. • Demographics remain favorable but cannot be taken for granted. • All downtown real estate sectors require fresh thinking. • Downtowns play a critical role as central gathering places. • Downtown’s challenges will require local and regional collaboration. • Downtowns will benefit from embracing new leadership. Pa g e 2 9 7 o f 3 4 0 Global Trends Report: Management Implications • Fundamentals (clean, safe) are still fundamental. • Activate storefronts and reinvent offices. • Create inviting civic spaces, program them differently. • Focus on amenities to become a neighborhood for living. Pa g e 2 9 8 o f 3 4 0 Global Trends Report: Top 10 Overview 01 Changing Demographics 02 Talent and Labor ^ 03 Future of Work ^ 04 Consumer Behaviors ^ 05 Housing Crisis ^ Pa g e 2 9 9 o f 3 4 0 Global Trends Report: Top 10 Overview 06 Finding Community in a Polarized Age ^ 07 Public Health and Safety ^ 08 Climate and Environment ^ 09 Technology 10 Growing Inequity and Inequality ^ Pa g e 3 0 0 o f 3 4 0 Global Trends Report: Downtown Map Exercise • Three copies of a large format map of Downtown Englewood • Split into groups of three. • Using the global trends as a guide, brainstorm ideas for improving Downtown Englewood. • Document directly on map with markers, or with sticky notes. Pa g e 3 0 1 o f 3 4 0 TO: Planning and Zoning Commission THRU: Brad Power FROM: Bryan Isham, John Voboril DATE: November 19, 2024 SUBJECT: Case 2024-03 Comprehensive Plan Update Community Development staff have completed collecting a majority of the basic annual indicators outlined in the comprehensive plan. The following memo provides detailed analysis, observations, and conclusions, and invites questions and commentary from commission members. Live Indicators Live indicators are focused on housing market data:  Home Value  Home Ownership  Household Size  Housing Unit Construction  Housing Construction Fees  Multi-Unit Rental Market Home Value Between 2016 and 2024, single family home values rose from $318,000 to $534,000, an increase of 67.9 percent, averaging 8.5 percent each year. Condominium home values rose from $239,000 to $365,500, an increase of 52.9 percent, averaging 6.6 percent annually. The annual rate of increase has outstripped income increases. This trend is partly rooted in the Great Recession of 2008. Virtually no housing was produced over the following six years. At the same time, household formation accelerated due to a record-sized generation coming of age, and steady migration from other states. Although condominium values are only 68 percent of single-unit homes, condominiums remain a very small segment of the Englewood market, and few are available for sale at any given time. Home Ownership Relative housing market unit shortages have led to an increase in the rate of home ownership due to the placement of rental properties back onto the owner-occupied market. Fast rising home prices allowed landlords to sell rental properties for significant profits to home buyers Page 302 of 340 intending to use these properties as primary residences. The single-unit home ownership rate has increased from 77.7 percent in 2016 to 79.6 percent in 2024. Average Household Size Average household size has remained steady in Englewood for many years. Average household size was much higher during the baby boom years than today, as children were a major impetus for leaving the city center and relocating to the suburbs. As waves of larger homes were constructed in second and third ring suburbs, relatively smaller Englewood housing unit stock was deemed no longer attractive to a large percentage of family households. The city took a number of measures to counteract the loss of families, including densification in the Baker Park Neighborhood, and the promotion of housing additions. However, the city has continued to see reductions in families with children households over the long run. Average household size is currently 2.1, virtually identical to the 2016 figure of 2.2. Housing Unit Construction The city has experienced a modest number of detached single-unit home replacements over the last eight years, averaging approximately 9 per year. Most of this activity has occurred in the northeast quadrant of the city, within the R-1-C zone district, where attached townhomes on smaller lots are not permitted. The city has experienced significant numbers of attached single- unit townhome construction. Attached townhome development has commenced as both single- unit scrape and infill, and as larger planned unit development rezoning clusters such as General Iron Works in northwest Englewood and the more recent Metropolitan Homes development at Huron Street and Ithaca Avenue. Single-unit scrape and infill sites generally attract higher priced units, while the planned unit development units can be offered at more affordable price points. The city has experienced the development of over 500 attached townhome units since 2016. In 2001, multi-unit apartments were completed as part of the CityCenter Englewood redevelopment of the Cinderella City Mall, adjacent to the Englewood Light Rail Transit Station. After that time, virtually no multi-unit residential development occurred within the city until 2015, with the development of Kent Place. Multi-unit residential unit rents were relatively affordable during that time, as demand and supply generally favored renters. Kent Place was quickly followed by Bell Cherry Hills, Oxford Station, Broadway Lofts, General Iron Works, and Traditions. Broadway Lofts, General Iron Works, and Traditions are low-income housing tax credit developments. The multi-unit market then experienced a slow down for a number of years but began to ramp up again in 2023 and 2024. Over the period 2015-2024, the city has experienced the construction of a total of 2,088 new multi-unit residential units, for an average of over 200 units per year. Recently, a trend toward higher end units has taken hold within the Wellness District. Portions of the Wellness District adjacent to Swedish Medical Center and Craig Hospital are zoned to allow buildings heights up to 145 feet. A 14-story high-rise is nearing completion, and a similar project is currently in the planning stage. Multi-unit Residential Housing Rental Market Rents have generally kept pace with home price increases. Rents increased by over 60 percent between 2014 and 2024. Steadily increasing rents have spurred renewed interest in multi- residential development in Englewood. Rent increases have generally outpaced income gains, resulting in increasing affordability challenges for low- and moderate-income households. Page 303 of 340 Vacancy rates have typically remained at around 5 percent, with a recent uptick to 6.7 percent as a result of the recent wave of project completions. Housing Construction Fees Housing development fees derived primarily from attached townhome construction were consistently strong until significant interest rate increases resulted in a slowing of the for-sale housing market. Work Indicators Work indicators include the following data points:  Employment  Number of Businesses  Median Household Income  Jobs/Housing Balance  Office and Industrial Real Estate Market Employment Employment numbers have not changed significantly in Englewood for the time period 2016- 2022. The medical sector has experienced significant growth, but most other sectors have either remained flat, or have experienced a slight amount of shrinkage. During that time period, the city lost one of its primary employers, Sports Authority, a recreational equipment retailer office headquarters due to changing retail markets in which it no longer was able to compete. Employment also dipped during the COVID-19 pandemic lockdown but has mostly recovered as of 2024. Number of Businesses The number of businesses located within Englewood has increased between 2016 and 2022. However, the majority of these new businesses are sole proprietorships which are not currently positioned to add significant numbers of employees. Median Household Income Household income has risen steadily in Englewood over the last ten years. The Great Recession of 2008 caused a shift in the Englewood population, as new households of younger, higher income residents located within the city. As the economy steadily improved over time, the city experienced significant gains in median household income. Incomes have improved in a number of census block groups that now no longer qualify to be included in the city enterprise zone. The median household income in 2022 was $79,325 according to the five year estimate from the American Community Survey. Jobs/Housing Balance Page 304 of 340 Due to the increase in housing units and a flat local job market, the number of jobs per housing unit has fallen from 1.8 in 2016 to 1.3 in 2022. Englewood residents are more dependent on finding work outside of the city than they were in 2016. Office and Industrial Real Estate Market The office real estate market has generally stayed consistent over time. The COVID-19 pandemic led to an increase in office space vacancy as many companies downsized in favor of remote work. Some of this space has been reabsorbed by new office market entrants. Due to an overall excess of office space in the Denver Metro Area, there is little reason to expect new office development in Englewood over the next ten years, with the exception being the medical office category. The industrial real estate market has been generally characterized by very low vacancy rates, with modest upward pressure on rents. Vacancy is most likely to occur in large sized properties that are no longer in demand by a single business in this part of the Denver Metro Area. An example of this type of property is the Karcher site. Karcher has moved the majority of its industrial production to a site located near Denver International Airport, leaving a significant campus of industrial space for lease. Shop Indicators Shop indicators include the following data points:  Retail Real Estate Market  Healthy Food Access  Sales and Regular Use Tax Retail Real Estate Market Retail real estate market rents have increased at a moderate, consistent rate over the course of the last ten years. Vacancy rates have been relatively low during this time period. Englewood saw additions of new retail square footage coming out of the Great Recession at the front end of the growth cycle. There has been no retail square footage expansion from 2019 onwards. The retail real estate market has been negatively impacted by the COVID-19 pandemic recession and the acceleration of online merchandising. Healthy Food Access The percentage of households within easy walking or biking distance of grocery stores has steadily improved over time as new residential units have been added near major retail hubs, or with the addition of a new entrant into the grocery market. Twenty-five percent of Englewood households are now located within a quarter-mile radius of a grocery store, while 66.8 percent of Englewood households are now located within a half-mile radius of a grocery store. As part of the 15-minute city concept, almost 87 percent of Englewood households are located within a 15-minute walk of a grocery store. Sales and Regular Use Tax Page 305 of 340 The city’s sales and regular use tax collections have consistently increased each year, with the exception of the first year of the COVID-19 pandemic, when strict lock downs were put in place. Even in the face of such negative business conditions, tax collection was merely flat and not negative. Tax collection has become more stable as all major online retailers are now calculating and charging sales tax on all items purchased. The city has also taken measures to ensure more effective rates of sales tax collection from online purchases. Move Indicators Move indicators include the following data points:  Trip Distribution to Work  Bike Lanes and Sharrow Markings  Walk Score Trip Distribution to Work Driving alone to work has decreased consistently over time. The reduction in driving alone work trips is contrasted with increases in non-work trips, as well as increases in the total amount of work trips due to population and employment increases. Transit trips to work have significantly decreased due to a range of challenges including personal safety, transit driver shortages, and decreases in demand for work trips to Downtown Denver. Telecommuting has increased significantly due to new technology applications and the COVID-19 pandemic experience. Bike Lanes and Sharrows The city has worked to increase bicycle safety through the implementation of bike lanes and sharrow markings. The city has increased bicycle lane miles from less than 1 mile in 2014 to 7.9 miles in 2024 with additional lanes being approved with recent Planned Unit Development projects. There are currently 4.4 miles of sharrow marked lanes. Walk Score The city’s overall Walk Score increased from 55 in 2014 to a peak of 63 from 2017-2020. Walk Score has since fallen to 61. The city’s Downtown Walk Score has fared better, remaining in the low 90’s for the ten-year time period. Learn Indicators Learn indicators include the following data points:  Educational Attainment  Water Use Educational Attainment The city’s percentage of residents holding a bachelor’s degree or higher increased from 32 percent in 2014 to 44.3 percent in 2023, based on the American Community Survey (ACS) 5 Page 306 of 340 Year Averages. The 2023 ACS 1 Year Average is listed as 50.5 percent. The city has rapidly become attractive to a younger, highly educated demographic. Conversely, Englewood as an affordable community for all demographic groups is an emerging challenge. Water Use Water use increased rapidly in Englewood between 2014 and 2020, due to an abundance of city water supply, and relatively low prices. However, beginning in 2021 and carrying into 2022, water consumption has decreased for both residential and commercial accounts. Consumers are becoming more aware of their water use and are making efforts to use water more efficiently. Play Indicators Play indicators include the following data points:  Park Level of Service  Park Access Park Level of Service Park level of service has remained stable over the last ten years. Smaller, new park spaces were developed over the last ten years, while city population has also increased. Park level of service is a relatively difficult indicator for the city to improve upon due to the lack of opportunity to acquire new park space in a built-out city. Park Access The percentage of residential units within a quarter-mile and a half-mile of a park has diverged over time. The quarter-mile figure peaked in 2022, while the half-mile figure continued increasing to 77.1 percent in 2024. The most likely reason is that new developments are mostly occurring within the US Highway 285 corridor, where there is a scarcity of park space located within a quarter mile, but not within a half mile. ATTACHMENTS: 1. Englewood Forward Indicators Update 2. Accessory Dwelling Unit Projects 2020-2024 3. Detached Home Projects 2014-2024 4. Multi-family Residential Projects 2014-2024 5. Townhome Projects 2011-2024 6. Staff Presentation Page 307 of 340 Englewood Forward: The 2016 Englewood Comprehensive Plan Annual Indicators Update 11/12/2024 Indicator 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Total Percent Change Predominant Plan Theme Population 32,394 31,877 33,773 33,698 34,056 34,259 (34,917) 33,659 33,500 33,634 34,274 5.8% Live Typical Home Value Single Family - Seasonally Adjusted $318,000 $350,000 $376,000 $394,000 $423,000 $496,000 $561,000 $527,000 $534,000 67.9% Live Typical Home Value Condo - Seasonally Adjusted $239,000 $259,000 $278,000 $288,000 $297,000 $333,000 $390,000 $364,000 $365,500 52.9% Live Typical Home Value All Homes - Seasonally Adjusted $314,000 $345,200 $370,500 $388,100 $417,100 $487,600 $550,300 $514,000 $524,500 67.0% Live Home Ownership Rate - All Units 45.6% 48.5% 48.5% 52.0% 47.9% 48.3% 48.1% 49.2% 49.0% Live Home Ownership Rate - Single Family 77.7% 78.0% 78.1% 76.3% 78.8% 78.7% 78.5% 77.8% 79.6% Live Average Household Size 2.1 2.2 2.2 2.2 2.2 2.2 2.2 2.1 2.1 Live New Single Family Detached Units Constructed 7 5 17 18 11 4 7 1 9 12 3 94 Live New Single Family Attached (Townhome) Units Constructed - ƚƚĂĐŚĞĚ ,ŽŵĞƐƐƐŽĐŝĂƚĞĚǁŝƚŚWhƐŝŶWĂƌĞŶƚŚĞƐŝƐ 8 13 27 27 60 (23) 96 (33) 123 (44) 80 32 14 57 (24) 537 Live New Multi-family Units Constructed 0 299 336 515 114 0 178 90 0 356 200 2,088 Live 1 Pa g e 3 0 8 o f 3 4 0 Englewood Forward: The 2016 Englewood Comprehensive Plan Annual Indicators Update 11/12/2024 Indicator 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Total Percent Change Predominant Plan Theme Housing Units Demolished 3 17 18 22 43 33 38 26 7 13 3 223 Live Fees Collected on Single Family Construction $114,482 $275,332 $345,747 $771,490 $665,674 $688,048 $615,371 $427,352 $319,937 $585,991 $112,481 Live Multi-Unit Property Real Estate Market Average Rent 1 BR $938 $1,013 $1,028 $1,063 $1,122 $1,166 $1,152 $1,264 $1,323 $1,440 $1,446 54.2% Live Average Rent 2 BR $1,391 $1,444 $1,472 $1,504 $1,584 $1,619 $1,547 $1,739 $1,841 $1,972 $1,997 69.7% Live Average Rent All Units $1,123 $1,189 $1,214 $1,247 $1,318 $1,334 $1,297 $1,443 $1,518 $1,640 $1,655 68.5% Live Rent per Square Foot $1.37 $1.47 $1.50 $1.54 $1.63 $1.72 $1.67 $1.86 $1.95 $2.08 $2.06 66.5% Live Yearly Net Unit Number Increase 12 300 362 538 142 67 270 145 34 369 257 Live Vacancy Rate 4.4% 9.4% 4.9% 6.2% 5.4% 4.7% 5.2% 5.1% 5.4% 6.3% 6.7% Live Employment 26,162 25,812 25,490 25,049 24,068 24,735 25,349 -3.1% Work Number of Buinesses 1,660 1,702 1,729 1,724 1,762 1,837 1,972 18.1% Work Median Household Income $46,776 $47,046 $50,184 $55,655 $56,586 $59,774 $66,399 $72,193 $79,325 $88,162 88.5% Work Jobs/Housing Balance 1.8 1.7 1.6 1.5 1.4 1.4 1.3 Work Office Real Estate Market Rent per Square Foot 17.24 18.19 19.06 20.39 $22.68 $21.58 $22.04 $22.89 $23.57 $23.15 $23.65 37.2% Work Vacancy Rate 8.9% 10.5% 8.4% 7.8% 6.4% 6.5% 8.4% 11.5% 6.2% 7.4% 7.7% Work Yearly Net SF Increase 0 -36,182 7,000 0 0 0 0 0 0 0 0 -29,182 Work Industrial Real Estate Market 2 Pa g e 3 0 9 o f 3 4 0 Englewood Forward: The 2016 Englewood Comprehensive Plan Annual Indicators Update 11/12/2024 Indicator 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Total Percent Change Predominant Plan Theme Rent per Square Foot $7.43 $8.16 $8.82 $9.51 $10.26 $10.43 $10.69 $11.23 $12.39 $12.81 $13.02 75.2% Work Vacancy Rate 3.6% 1.3% 2.0% 2.9% 1.5% 0.9% 2.9% 3.8% 1.9% 4.2% 3.6% Work Yearly Net SF Increase -6,200 -10,875 -41,269 0 2,000 0 0 -10,875 0 0 0 -67,219 Work Retail Real Estate Market Rent per Square Foot $17.37 $18.24 $19.00 $19.98 $20.98 $21.64 $21.58 $22.31 $23.52 $22.27 $24.74 42.4% Shop Vacancy Rate 2.5% 3.0% 3.1% 3.2% 6.0% 4.6% 8.0% 7.4% 4.6% 3.4% 3.6% Shop Yearly Net SF Increase 24,241 -10,068 13,925 27,405 11,534 0 0 -2,415 0 0 0 64,622 Shop Sales and Regular Use Tax Revenue (Millions) $24.83 $26.60 $26.30 $27.92 $30.66 $31.44 $31.85 $34.26 $40.37 Shop Healthy Food Access - Proximity to Full Service Grocery Store % of residential units within a quarter mile 14.3% 18.5% 20.1% 23.2% 25.0% Shop % of residential units within a half mile 47.1% 61.8% 61.9% 63.4% 66.8% Shop % of residential units within three quarters mile (15 min. city) 86.9% Trip Distribution by Mode Share Drive Alone 75.0% 76.9% 77.0% 77.5% 77.5% 75.9% 73.3% 68.8% 67.2% Move Carpool 9.0% 6.8% 6.9% 7.6% 7.8% 7.9% 9.1% 8.8% 7.7% Move Transit 7.0% 7.3% 7.3% 5.4% 5.4% 6.2% 4.3% 4.2% 3.8% Move Walk/Bike 3.0% 4.2% 4.2% 4.6% 4.5% 4.5% 3.4% 3.3% 3.3% Move Work from Home 3.8% 3.7% 3.9% 4.1% 4.2% 4.6% 8.4% 13.1% 16.2% Bike Lanes (miles) 0.8 0.8 0.8 0.8 2.8 2.8 3.7 3.7 5.3 7.3 7.9 0.0% Move Bike Sharrows (miles) 0 2.8 2.8 2.8 2.8 2.8 4.4 4.4 4.4 4.4 4.4 0.0% Move Walk Score - Overall 55 61 61 63 63 63 63 61 61 61 61 14.6% Move Walk Score - Downtown 90 90 90 90 90 90 90 93 93 92 92 0.0% Move Educational Attainment (% of residents holding a bachelor's degree or higher) 33.2% 33.1% 36.0% 37.9% 40.3% 37.7% 40.1% 42.2% 44.3% 50.5% Learn Water Use - Single Unit Residential (thousands of gallons) 626,346 618,082 706,767 755,781 768,507 960,675 1,122,254 747,137 812,015 22.7% Learn 3 Pa g e 3 1 0 o f 3 4 0 Englewood Forward: The 2016 Englewood Comprehensive Plan Annual Indicators Update 11/12/2024 Indicator 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Total Percent Change Predominant Plan Theme Water Use - Commercial and Multi-unit Residential (thousands of gallons) 642,935 648,159 678,520 726,524 930,849 1,072,675 1,108,256 952,364 916,234 44.8% Learn Parks Level of Service (acres per 1,000 residents) 5.3 5.7 5.5 5.3 5.3 5.3 Play Park Access % of residential units within quarter mile 35.0% 42.6% 44.3% 43.7% 42.4% 38.5% Play % of residential units within half mile 65.4% 72.9% 74.1% 73.8% 74.3% 77.1% Play 4 Pa g e 3 1 1 o f 3 4 0 L L L I E L D T RE E S T R R L RA T S A E N A 0 S S JEFFERSON AVE. N A E T T N LI S U.S . 8 5 S A N T A F E D R . ZU N I S T . OWE BLVD. RVING ST. F ERA BLVD. WARREN AVE. WESLEY AVE. DECA UR ST. AMHERST AVE. CORNELL AVE. DARTMOUTH AVE. EASTMAN AVE. FLOYD AVE. TE JON S T. WIND M RE ST. PECO ST. S. PLA TE IVE DR. RARD AVE. U.S. 285 HAMPDEN AVE. VA LEJO ST. GI RI AN ST. Accessory Dwelling Unit (ADU) Projects 2020-2024 LIPAN ST. JA ON ST. HURON ST. FOX ST. D L W ARE S T. BA NOCK ST. MANSF BRO DWAY 0 HERMAN ST. LOGAN ST. PEARL ST. CLARK ON ST. OGDEN ST. City of Englewood, Colorado Comprehensive Plan Update: JEFFERSON AVE. KENYON AVE. LEH GH AVE. IELD AVE. NASSAU AVE. OXFORD AVE. PRINCETON AVE. NCY AVE. FF AVE. STANFORD AVE. DOW ING ST. L FAY E ST. FRA KLIN ST. LAYTON AVE. CHENANGO AVE. W LIAM ST. RACE ST. G GRAND AVE. AYLORD S T. EW AVE. UNIVE RSITY BLVD. EVANS AVE. ILIFF AVE. HARVARD AVE. VASSAR AVE. YALE AVE. BATES AVE. I QUI RADCLI TUFTS AVE. UNION AVE. BELLEVI CENTENNIAL AVE. ADU Projects 2020 (2) ADU Projects 2021 (2) ADU Projects 2022 (4) ADU Projects 2023 (2) ADU Projects 2024 (5) IMajor Streets 0 1,500 3,000 4,500Local Streets FeetCity Limits S:\jvoboril\gis\Comp Plan 2024\ADU Projects 2020-2024 Page 312 of 340 L L L I E L D T RE E S T R R L RA T S A E N A 0 S S JEFFERSON AVE. N A E T T N LI S U.S . 8 5 S A N T A F E D R . ZU N I S T . OWE BLVD. RVING ST. F ERA BLVD. WARREN AVE. WESLEY AVE. DECA UR ST. AMHERST AVE. CORNELL AVE. DARTMOUTH AVE. EASTMAN AVE. FLOYD AVE. TE JON S T. WIND M RE ST. PECO ST. S. PLA TE IVE DR. RARD AVE. U.S. 285 HAMPDEN AVE. VA LEJO ST. GI RI AN ST. LIPAN ST. JA ON ST. HURON ST. FOX ST. D L W ARE S T. BA NOCK ST. MANSF BRO DWAY 0 HERMAN ST. LOGAN ST. PEARL ST. CLARK ON ST. OGDEN ST. City of Englewood, Colorado Comprehensive Plan Update: Detached Home Projects 2014-2024 JEFFERSON AVE. KENYON AVE. LEH GH AVE. IELD AVE. NASSAU AVE. OXFORD AVE. PRINCETON AVE. NCY AVE. FF AVE. STANFORD AVE. DOW ING ST. L FAY E ST. FRA KLIN ST. LAYTON AVE. CHENANGO AVE. W LIAM ST. RACE ST. G GRAND AVE. AYLORD S T. EW AVE. UNIVE RSITY BLVD. EVANS AVE. ILIFF AVE. HARVARD AVE. VASSAR AVE. YALE AVE. BATES AVE. I QUI RADCLI TUFTS AVE. UNION AVE. BELLEVI CENTENNIAL AVE. Detached Homes 2014-2016 (24) Detached Homes 2017-2020 (36) Detached Homes 2021-2024 (25) Major Streets ILocal Streets City Limits 0 1,500 3,000 4,500 Feet S:\jvoboril\gis\Comp Plan 2024\Detached Home Projects 2014-2024 Page 313 of 340 BA N N O C K S T . S. P L A T T E R I V E R D R . LO G A N S T . JEFFERSON AVE. RA C E S T . FO X S T . DO W N I N G S T . ILIFF AVE. OG D E N S T . BR O A D W A Y 0 0 DARTMOUTH AVE. PE A R L S T . GA Y L O R D S T . FR A N K L I N S T . CL A R K S O N S T . MANSFIELD AVE. HARVARD AVE. LA F A Y E T T E S T . BATES AVE. DE C A T U R S T . RADCLIFF AVE. STANFORD AVE. ZU N I S T . AMHERST AVE. SH E R M A N S T . UNION AVE. CORNELL AVE. FLOYD AVE. GIRARD AVE. CENTENNIAL AVE. WI L L I A M S S T . GRAND AVE. CHENANGO AVE. JA S O N S T . LEHIGH AVE. RA R I T A N S T . LI P A N S T . NASSAU AVE. FE D E R A L B L V D . LAYTON AVE. IR V I N G S T . PRINCETON AVE. OXFORD AVE. EVANS AVE. U.S . 8 5 S A N T A F E D R . BELLEVIEW AVE. KENYON AVE. TUFTS AVE. LO W E L L B L V D . WESLEY AVE. HU R O N S T . YALE AVE. WARREN AVE. UN I V E R S I T Y B L V D . VASSAR AVE. U.S. 285 HAMPDEN AVE. EASTMAN AVE. QUINCY AVE. DE L A W A R E S T . WI N D E R M E R E S T . TE J O N S T . PE C O S S T . VA L L E J O S T . JEFFERSON AVE. City of Englewood, Colorado Comprehensive Plan Update: Mulit-Unit Residential Projects 2014-2024 I 0 1,500 3,000 4,500 Feet Completed Less than 50 51 - 100 101 - 200 201 - 299 Under Construction Less than 100 101 - 200 201 - 303 Approved Less than 50 51 - 100 101 - 166 Housing Opportunities in Future CityCenter Redevelopment Major Streets Local Streets City Limits S:\jvoboril\gis\Comp Plan 2024\MF Residential Projects 2014-2024 Page 314 of 340 L L L I E L D T RE E S T R R L RA T S A E N A 0 S S JEFFERSON AVE. N A E T T N LI S U.S . 8 5 S A N T A F E D R . ZU N I S T . OWE BLVD. RVING ST. F ERA BLVD. WARREN AVE. WESLEY AVE. DECA UR ST. AMHERST AVE. CORNELL AVE. DARTMOUTH AVE. EASTMAN AVE. FLOYD AVE. TE JON S T. WIND M RE ST. PECO ST. S. PLA TE IVE DR. RARD AVE. U.S. 285 HAMPDEN AVE. VA LEJO ST. GI RI AN ST. LIPAN ST. JA ON ST. HURON ST. FOX ST. D L W ARE S T. BA NOCK ST. MANSF BRO DWAY 0 HERMAN ST. LOGAN ST. PEARL ST. CLARK ON ST. OGDEN ST. City of Englewood, Colorado Comprehensive Plan Update: Townhome Projects 2011-2024 JEFFERSON AVE. KENYON AVE. LEH GH AVE. IELD AVE. NASSAU AVE. OXFORD AVE. PRINCETON AVE. NCY AVE. FF AVE. STANFORD AVE. DOW ING ST. L FAY E ST. FRA KLIN ST. LAYTON AVE. CHENANGO AVE. W LIAM ST. RACE ST. G GRAND AVE. AYLORD S T. EW AVE. UNIVE RSITY BLVD. EVANS AVE. ILIFF AVE. HARVARD AVE. VASSAR AVE. YALE AVE. BATES AVE. I QUI RADCLI TUFTS AVE. UNION AVE. BELLEVI CENTENNIAL AVE. Townhomes 2011-2016 (57) Townhomes 2017-2020 (314) Townhomes 2021-2024 (182) Major Streets ILocal Streets City Limits 0 1,500 3,000 4,500 Feet S:\jvoboril\gis\Comp Plan 2024\plots\townhome projects 2011-2024 Page 315 of 340 Update to the Englewood Forward Comprehensive Plan Indicators November 19, 2024 Presented By: John Voboril, Senior Planner Pa g e 3 1 6 o f 3 4 0 Agenda • Review and Discuss Indicators Pa g e 3 1 7 o f 3 4 0 Live Indicators Summary • Home values have increased faster than incomes. • Single-unit homes are largely out of reach for first time home buyers. • Townhomes priced from $800K to over $1M, built on infill scrape sites. • Attainable townhomes are developed on larger sites (Iron Works Village). • Rising rents and low vacancy rates indicate need for continued development of multi-unit residential properties. • New housing for very low-income populations will require subsidies. Pa g e 3 1 8 o f 3 4 0 Live Indicators Conclusions The city may continue to provide zoning capacity for housing development based on updated provisions in Title 16 and investigate potential opportunities to expand zoning capacity in industrial and transitional areas. Multi-unit residential projects are expected to continue in the following locations: • Englewood Station/CityCenter District • Oxford Station • South Broadway Main Street District • Wellness District • South Broadway Corridor • Federal/Belleview Pa g e 3 1 9 o f 3 4 0 Live Indicators Conclusions Infill higher priced townhomes are likely to continue to be developed in existing zoned areas: • NW Quadrant – General Iron Works Area • NE Quadrant – Lincoln/Sherman Streets, Wellness District • SW Quadrant – Acoma • SE Quadrant – Lincoln/Sherman Large site attainable townhome opportunities may be located in: • Baker Park • South of Hampden • Union Avenue Pa g e 3 2 0 o f 3 4 0 Live Indicators Conclusions The Unified Development Code incorporates incremental density increases within R-1 zone districts through: • Accessory Dwelling Units • Cottage Homes • Corner Lots Analyze and investigate missing middle zoning development potential: • MU-R-3-A, MU-R-3-B, MU-R-3-C, R-2-A, R-2-B Other thoughts? Discussion. Pa g e 3 2 1 o f 3 4 0 Work Indicators Summary • Medical sector employment is consistently growing over time. • Employment growth in most other sectors will likely remain stable over the long term. • Potential for property purchase and conversion to offices for small professional service firms. • Small business startups -potential growth opportunities. Focus of city’s economic development program. Pa g e 3 2 2 o f 3 4 0 Work Indicators Conclusions • Investigate future expansion needs of hospitals and facilitate through master planning opportunities. • Investigate potential opportunities for office conversions. • Other thoughts? Discussion. Pa g e 3 2 3 o f 3 4 0 Shop Indicators Summary • Major chain retail demand is permanently shrinking. • RiverPoint has competitive advantages over Englewood locations as a regional shopping center. • Past studies have indicated that Englewood has an abundance of retail space, including spaces that are challenging to lease. • The city is fortunate to offer a number of grocery store options. Pa g e 3 2 4 o f 3 4 0 Shop Indicators Conclusions • Investigate potential opportunities for retail conversions. • Redevelopment along Broadway corridor may attract new investment in commercial space. • Encourage and foster more retail development in the Wellness District to serve residents and district visitors and employees. • Other thoughts? Discussion. Pa g e 3 2 5 o f 3 4 0 Move Indicators Summary • City has significant potential for walkability/bikeability due to the established grid street system. • City is providing bike lanes and sharrow markings. • Based on recent ridership trends, the regional transit system should be reassessed. • Shared bicycle/scooter services are missing. • Very difficult to improve Walk Scores through infrastructure improvements alone. Pa g e 3 2 6 o f 3 4 0 Move Indicators Conclusions • City is currently finalizing plans for Old Hampden pedestrian/bicycle corridor. • City is currently developing design plans for Rail Trail Corridor. • City is planning for improvements along Broadway, south of Hampden. • City and EDDA have recently conducted planning exercises for Little Dry Creek Trail and Englewood Parkway. • Potential to expedite planning and implementation of N-S Walk-n-Wheel projects. • Other thoughts? Discussion. Pa g e 3 2 7 o f 3 4 0 Learn Indicators Summary • As the city continues to attract younger, highly- educated residents, the affordability challenges for many demographic groups are increasing. Other cities in the region share in this trend. • Consumers are becoming more aware of their water use and are making efforts to use water more efficiently. Pa g e 3 2 8 o f 3 4 0 Learn Indicators Conclusions • Explore the development of additional workforce and attainable housing to retain opportunities for all demographic groups to live in the community. • The city’s sustainability programs have been successful in creating awareness of conservation opportunities. • Other thoughts? Discussion. Pa g e 3 2 9 o f 3 4 0 Play Indicators Summary • Park level of service has remained stable over the last ten years. • Park level of service is a challenging indicator to improve upon due to the lack of opportunity to acquire new park space. • Residential development is improving the half-mile access percentage but not quarter-mile. Pa g e 3 3 0 o f 3 4 0 Play Indicators Conclusions • Parks Department will facilitate new parks improvements via the recent bond measure. • Need to identify other opportunities in comprehensive plan update. • Other thoughts? Discussion. Pa g e 3 3 1 o f 3 4 0 Englewood Forward Comprehensive Plan Update Progress Report Presented By: John Voboril, Senior Planner December 9, 2024 Pa g e 3 3 2 o f 3 4 0 • Public Open House Kick Off – Nov. 19, 2024 • PZC Project Introduction – Oct. 8, 2024 • PZC Study Session – Oct. 22, 2024 • PZC Study Session – Nov. 19, 2024 Comprehensive Plan Update Summary Pa g e 3 3 3 o f 3 4 0 Comprehensive Plan Update: Open House Project Goals • Incorporate supporting plans, studies, and projects. • Bring indicator data up to date. • Revise and consolidate maps/policies, include new neighborhoods. • Incorporate direction for recent state land use legislation. • Development of a future work programs. Pa g e 3 3 4 o f 3 4 0 Comprehensive Plan Update: Open House What is Not Included in the Update • Does not revisit and make changes to Unified Development Code. • Does not rezone property. • Does not change themes, goals, and objectives. • Does not change land use intensity category for R-1 and R-2 zoned areas. Pa g e 3 3 5 o f 3 4 0 Comprehensive Plan Update: Open House Station 1: Plan Update Expectations, City Planning 101 Station 2: Englewood City Planning History – 1969 Plan, 1979 Plan Station 3: Englewood City Planning History – 2003 Plan, 2017 Plan Station 4: Comprehensive plan Scope of Work – Part 1, Part 2 Station 5: Comprehensive Plan Scope of Work – Part 3, Part 4 Pa g e 3 3 6 o f 3 4 0 Comp Plan Update: Oct. 22 Study Session Global Trends Report – Conclusions for Downtowns • Pandemic was the great accelerator of trending change. • Demographics remain favorable but cannot be taken for granted. • All downtown real estate sectors require fresh thinking. • Downtowns play a critical role as central gathering places. • Downtowns most pressing challenges will require collaboration. • Downtowns will benefit from new generation of leadership. Pa g e 3 3 7 o f 3 4 0 Comp Plan Update: Oct. 22 Study Session Global Trends Report – Implications for Management • Fundamentals (clean, safe) remain fundamental. • Activate storefronts and reinvent offices. • Create inviting civic spaces, program them differently. Pa g e 3 3 8 o f 3 4 0 Comp Plan Update: Nov. 19 Study Session Indicator Data Plan Theme Total Number of Indicators Positive Trending or Neutral Negative Trending New Concerning Indicators Live 12 8 4 0 Home Values -Rapidly Increasing, decreasing affordability. Permit Fees New Constructions -Sharp decrease in 2024 (high interest rates). Work 10 7 3 0 Jobs Housing Balance -Housing stock growing, while employment growth remains flat. Shop 7 6 0 1 Move 9 7 2 0 Transit and biking/walking to work have recently declined. Learn 3 3 0 0 Play 3 3 0 0 Pa g e 3 3 9 o f 3 4 0 Comprehensive Plan Update Council Questions and Discussion Pa g e 3 4 0 o f 3 4 0