Broomfield council leaves US36 transit overlay decision unresolved

Broomfield City Council ended an Aug. 3 study session without deciding whether to pursue a proposed US36 transit-area overlay tied to the state’s higher-density zoning requirements under HB24-1313.

The session did produce direction to opt into the next Proposition 123 affordable-housing cycle and develop an expedited review process for qualifying affordable or income-aligned housing. Those items were presented for information and direction, not final votes, the study-session packet says.

If Broomfield opts into the 2027-2029 Proposition 123 cycle, staff says the city must file a resolution with the Colorado Department of Local Affairs by Nov. 1, 2026, and adopt an expedited-review ordinance by Dec. 31, 2026. Broomfield permitted 331 affordable units during the current cycle, exceeding its 166-unit commitment. Staff expects the next obligation to be about 275 units by Dec. 31, 2029, but says current market conditions could make that target unattainable and anticipates seeking a waiver or adjustment from DOLA.

Affordable-housing fast track

The proposed process would apply to eligible projects with at least 50% of units deed-restricted as affordable. Formal review and the final decision would have to occur within 90 calendar days after a complete application, unless the applicant leaves the fast track.

Pre-application review, a neighborhood meeting and concept review would still be required but would not count toward the 90-day limit. The process would remove Land Use Review Commission review from the fast-track public-hearing process because its hearing and recommendation would not fit within that period, making Council the sole decision-maker. Applicants could return to the standard timeline without refiling.

US36 overlay remains unsettled

The proposed overlay would cover the Broomfield Station and Flatiron Station areas along the US36 bus rapid transit line. Draft standards would allow up to 85 dwelling units per acre and buildings up to 85 feet tall on eligible land, with step-down provisions near low-density residential parcels. The limits exceed HB24-1313’s minimum zoning capacity but would not require development at that density.

The proposal would affect about 650 properties, according to the packet. The packet does not list parcel identification numbers or street-by-street boundaries; it says DOLA maps identify eligible, partially ineligible and ineligible parcels and flag an RTD-owned parcel and parcels with major electrical infrastructure for possible exemption-status corrections.

Staff presented the overlay as one way to increase housing capacity near the stations and said it could replace Broomfield’s existing Interchange Influence Area overlay near Flatiron Station. Staff also said the city’s decision not to include administrative review for qualifying parcels of 5 acres or less would not constitute “partial compliance” under DOLA’s interpretation. DOLA would determine whether the city was compliant or noncompliant, staff said.