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HomeMy WebLinkAbout03.02.26 Study Session Agenda PacketSTUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, March 02, 2026 6:30 p.m. This meeting will be conducted as a virtual meeting, and in person, at: 7500 West 29th Avenue, Municipal Building, Council Chambers. City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on March 02, 2026) 3. Virtually attend and participate in the meeting through a device or phone: Click here to pre-register and provide public comment by Zoom (You must preregister before 5:00 p.m. on March 02, 2026) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments. To request auxiliary aid, service for effective communication, or document in a different format, please use this form or contact ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as soon as possible, preferably 7 days before the activity or event. Public Comment on Agenda Items 1. 2026 Legislative Forum 2. Municipal bonds 3. Wadsworth Business Grant program 4. Staff Report(s) 5. Elected Officials’ Report(s) ITEM NO. 1 Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager Marianne Schilling, Deputy City Manager FROM: Amanda Harrison, Communications and Engagement Manager DATE: March 2, 2026 SUBJECT: 2026 Legislative Forum ISSUE: The Legislative Forum is an opportunity for the City’s elected officials and staff to discuss legislative priorities, current legislation, and Wheat Ridge positions and priorities for the 2026 session. Senator Jessie Danielson and Representative Monica Duran will be in attendance, and Colorado Municipal League Legislative Advocacy Manager Beverly Stables will be available to review legislation and answer questions. Legislative Forum Agenda • 2026 Priority Legislative Issues o Beverly Stables, CML o Senator Jessie Danielson o Representative Monica Duran o City of Wheat Ridge Legislative Committee • Questions and Answers o City Council o City Department Directors DISCUSSION: Each year, City staff invite legislators, Colorado Municipal League staff, and City Department Directors to join for the Legislative Forum. This is an annual opportunity to discuss legislative priorities, current legislation, and Wheat Ridge positions and priorities for the 2026 session. Legislative Committee In 2025, the Wheat Ridge City Council launched a Legislative Advocacy Program. This initiative included the adoption of an annual Legislative Agenda (Attachment 1), the formation of a City Council subcommittee, the Legislative Committee, to review legislation affecting the City and recommend advocacy position resolutions, a process for the City Council to consider adopting those resolutions, and a plan for City Staff and the Legislative Committee to begin lobbying in alignment with the adopted positions. Study Session Memo – 2026 Colorado Legislative Forum March 2, 2026 Page 2 The committee is advocating for or against a number of bills but would like to thank the legislators and CML for their support and consideration on HB26-1071, sponsored by Representatives Monica Duran and Tisha Mauro and Senator Lisa Cutter. Current law allows the state to locate an automated vehicle identification system (AVIS) on a highway that is part of the federal interstate highway system but prohibits a county, city and county, or municipality (local government) from doing so. The bill authorizes a local government to locate an AVIS on a highway that is part of the federal interstate highway system. The Legislative Committee has formally voted to oppose HB26-1001. The bill would require the City, on or after December 31, 2027, to allow a residential development to be constructed on a qualifying property that does not contain an exempt parcel, subject to an administrative approval process. A qualifying property is real property that contains no more than 5 acres of land and is owned by: • A nonprofit organization with a demonstrated history of providing affordable housing; • A nonprofit organization that provides public transit; • A nonprofit organization that has entered into an agreement with another nonprofit organization with a demonstrated history of providing affordable housing, provided that the agreement requires the nonprofit organization with a demonstrated history of providing affordable housing to develop a residential development on the property; • A school district; • A state college or university; • A housing authority; or • A local or regional transit district or a regional transportation authority serving one or more counties. In addition, the bill would not allow the City to: • Disallow construction of a residential development on a qualifying property on the basis of height if the tallest structure in the residential development is no more than 3 stories or 45 feet tall; • Disallow construction of a residential development on a qualifying property on the basis of height if the tallest structure in the residential development complies with the height-related standards for the zoning district in which the residential development will be built or any zoning district that is contiguous to the qualifying property on which the residential development will be built; • Disallow construction of a residential development on a qualifying property based on the number of dwelling units that the residential development will contain, except in accordance with standards listed in the bill; or • Apply standards to a residential development on a qualifying property that are Study Session Memo – 2026 Colorado Legislative Forum March 2, 2026 Page 3 more restrictive than the standards the subject jurisdiction applies to similar housing constructed within the subject jurisdiction, including standards related to structure setbacks from property lines; lot coverage or open space; on-site parking requirements; numbers of bedrooms in a multifamily residential development; on-site landscaping, screening, and buffering requirements; or minimum dwelling units per acre. Provided that the uses are allowed conditionally or by right within the zoning district in which a qualifying property is located, a subject jurisdiction shall allow the following uses in a residential development on a qualifying property: • Child care; and • The provision of recreational, social, or educational services provided by community organizations for use by the residents of the residential development and the surrounding community. The committee noted that CML has identified the bill as a potential threat to home rule authority and the committee agrees. ATTACHMENTS: 1. City of Wheat Ridge 2026 Legislative Agenda 2. CML Statehouse Report 3. CML Box Score of Bills 4. AVIS Bill – HB26-1071 5. Residential Developments Bill – HB26-1001 This document is the 2026 Legislative Agenda for the City of Wheat Ridge and is intended to guide staff and the City Council in lobbying for or against legislative items. 2026 Legislative Agenda ATTACHMENT 1 01 Introduction The Wheat Ridge Legislative Agenda 02 Administrative Services The City’s Internal Services 04 Community Development Shaping the City’s physical growth 06 Homelessness Comprehensive homeless navigation 08 Infrastructure & Transportation Maintaining and enhancing infrastructure 10 Public Safety Resident safety 12 Special Districts & Utilities Essential Partners 03 Affordable Housing Access to affordable housing 05 Economic Development Creating vibrant economic ecosystems 07 Governance & Home Rule Governance of local matters 09 Parks and Recreation Parks and recreation department 11 Sustainability Comprehensive sustainability programTA B L E O F C O N T E N T S Introduction The Wheat Ridge Legislative Agenda guides the City’s advocacy on state-level policy decisions that could significantly impact our community. Developed in collaboration with the City’s Legislative Committee, City Council, and City staff, this agenda establishes clear positions on anticipated legislation for the 2026 Colorado Legislative Session. It serves as both a framework for City officials’ advocacy efforts and a resource for state legislators considering policies affecting Wheat Ridge. Our advocacy positions emerge from extensive community engagement and align with City Council’s adopted plans. This local perspective is essential, as statewide policies often overlook the unique needs of individual communities. Overall, the City’s advocacy positions can be summarized into the following themes: A.Community Centered Solutions: Requesting financial support, technical assistance, and flexibility to implement locally tailored approaches to meeting desired state outcomes. Set the destination but allow us to chart the course. B.Equity & Accessibility: Encouraging the State to partner with municipalities committed to addressing equity and accessibility issues. C.Statewide Collaboration: Expressing a strong desire to partner and collaborate with the State, utilities, special districts, and regional organizations to improve quality of life. D.Local Control: Advocating for local control over health, safety, welfare related items such as policing, land-use, development, planning, and permit review. E.Oppose Mandates: Requesting state funding for mandates imposed on local governments. This document is organized around key focus areas, beginning with an overview and followed by a Proposed Legislation section that highlights bills intended to enhance the quality of life for Wheat Ridge residents. Each focus area also includes an Opposed Legislation section identifying policies that could negatively impact our community. www.ci.wheatridge.co.us |1 Administrative Services The City’s Administrative Services Department serves as the “basecamp” for the entire organization, providing critical support through its divisions: the City Clerk’s Office, Finance, Human Resources, Information Technology (IT), Risk Management, and Procurement. Wheat Ridge supports legislation that funds the modernization of municipal operations and adoption of emerging technologies. We advocate for measures that reduce municipal risk and liability, including funding to address these challenges. Additionally, we support efforts to enhance taxing and licensing processes. The City also seeks improved transparency and functionality within the State’s SUTS (Sales and Use Tax System) to ensure seamless revenue transfers and tax administration. These priorities strengthen municipal operations and benefit governments and taxpayers alike. Proposed Legislation Opposed Legislation Wheat Ridge opposes state mandates that limit local authority over tax collection, licensing, or enforcement. We also oppose laws that interfere with the City’s procurement, personnel management, or IT practices, including rigid requirements for web accessibility, public meeting accessibility, and technology functions that fail to account for local needs. Additionally, we reject legislation that increases municipal liability or weakens governmental immunity. | www.ci.wheatridge.co.us2 Affordable Housing Wheat Ridge is committed to increasing access to affordable housing. The City manages a program that attracts, funds, and collaborates with partners to develop a variety of affordable housing options. Proposed Legislation In alignment with its Affordable Housing Strategy, Wheat Ridge calls on the state to prioritize legislation addressing critical housing needs for low- and moderate-income households, particularly those earning less than $75,000 annually or 80% of the area median income (AMI). State policies providing financial subsidies and tax incentives for nonprofit and private developers focused on affordable housing are essential for bridging affordability gaps and ensuring project viability. Wheat Ridge supports initiatives that encourage public-private partnerships, enabling local governments to leverage state resources for affordable housing development. The City also advocates for legislative reform to address construction defect litigation, which has hindered affordable condominium development. Like many communities, Wheat Ridge faces a shortage of entry-level homeownership options, particularly condominiums. We support state-level reforms that protect consumers while encouraging developer investment in these projects. Additionally, Wheat Ridge supports state legislation that streamlines the disposal of state-owned land for affordable housing development (excluding parks and open space), while respecting local land use authority and coordinating with local governments. Preserving naturally occurring affordable housing (NOAH) is a key priority. The City advocates for increased state funding to maintain and improve aging rental units, ensuring they remain accessible to low- and moderate-income households. These legislative priorities reflect Wheat Ridge’s commitment to fostering a community where affordable housing is available to all, strengthening the city’s social fabric and economic resilience. Opposed Legislation Wheat Ridge opposes any state legislation that restricts local governments’ ability to implement affordable housing solutions tailored to their communities’ specific needs. This includes blanket policies that mandate uniform zoning or development standards that do not account for local contexts, which could stifle innovative approaches to affordable housing. Additionally, the City would resist state funding cuts to programs that support low- and moderate-income housing development, as such reductions would undermine the ability of local governments to address critical housing shortages. Furthermore, any legislation that undermines the preservation of naturally occurring affordable housing (NOAH) would be met with strong opposition, as it jeopardizes the availability of affordable rental options for vulnerable populations. www.ci.wheatridge.co.us |3 Community Development Community Development shapes the City’s physical growth, aiming for safe, attractive neighborhoods and vibrant commercial areas. This effort involves collaboration with residents and businesses and encompasses planning, zoning, neighborhood engagement, affordable housing, building permits, floodplain management, and engineering services. The City of Wheat Ridge is dedicated to promoting thoughtful and balanced development that empowers local control over zoning, land use, and development standards, while addressing critical barriers to housing growth. The City faces challenges due to limited utility capacity and the readiness of smaller utility districts to modernize for future needs, both of which are critical for development. As utility capacity is beyond the City’s control, we urge the state to obligate and support these providers in working collaboratively with local governments, engaging in forward-looking planning, and expanding capacity to meet increasing demand. Additionally, we seek state funding for long-term planning and community engagement initiatives, essential for shaping development that aligns with the needs and aspirations of our residents. Proposed Legislation Opposed Legislation The City strongly opposes statewide mandates that impose one-size-fits-all changes to local land use laws, zoning ordinances, or density requirements. Specifically, we reject state efforts that dictate how municipalities must achieve statewide goals. If the state insists on setting specific goals for municipalities, it should refrain from prescribing the methods for achieving them, allowing local governments the flexibility to develop solutions that best fit their unique communities. We also oppose uniform building codes that limit our ability to adopt local standards for development and safety. The City rejects legislation that restricts our control over development review timelines, licensing, and permitting processes. Our established systems ensure high standards and effective governance, and statewide changes could undermine community safety and responsible growth. | www.ci.wheatridge.co.us4 Economic Development Wheat Ridge promotes economic development by marketing the city, attracting retail, revitalizing commercial corridors, and expanding primary job growth opportunities. The City’s Urban Renewal Authority manages several areas to eliminate blight, enhance quality of life, and attract new economic investment. Wheat Ridge urges the state to support local governments in creating vibrant economic ecosystems through policies and investments that drive business growth, innovation, and workforce development. The City seeks funding for programs that assist small and local businesses, especially those owned by underrepresented groups, by providing access to capital and technical resources. Additionally, state support for economic development planning is crucial for local governments to strategize for long-term growth. The City calls for prioritization of workforce development initiatives in key industries, such as light manufacturing and creative sectors, and for investments in flex spaces and facilities that create local jobs. Wheat Ridge advocates for training and education programs to help residents advance their careers in emerging industries. Furthermore, the City requests state investment in redevelopment projects and public infrastructure improvements to revitalize commercial corridors and attract new businesses, while promoting sustainable development practices that enhance housing attainability and quality of life. State- funded technical assistance is also essential to ensure entrepreneurs and small business owners have the support needed to thrive in a competitive economy. Proposed Legislation Opposed Legislation Wheat Ridge opposes state initiatives that encourage economic development without meaningful collaboration with local governments. The City resists legislation that restricts local flexibility in implementing tailored economic strategies or that imposes additional administrative burdens on local businesses, as such requirements can hinder efforts to foster a thriving local economy. Additionally, the City opposes reductions in workforce development funding, which are vital for providing residents with the training and job opportunities needed by local industries. www.ci.wheatridge.co.us |5 Homelessness Wheat Ridge operates a comprehensive homeless navigation program in collaboration with neighboring municipalities. This program assists individuals on their journey to secure transitional and permanent housing, ultimately guiding them toward self-sufficiency. Wheat Ridge is committed to addressing homelessness by advocating for state legislation that supports local governments in providing housing and assistance to individuals experiencing homelessness. We urge the state to prioritize funding for transitional housing programs, down payment assistance, and ongoing support services like case management, counseling, job training, and financial literacy. These services are vital for helping individuals achieve long- term stability and independence. Emergency rental assistance programs are also critical for preventing homelessness, and we seek state support to expand these initiatives. Additionally, we call for state funding to establish homeless navigation centers staffed by trained professionals to connect individuals with shelter and resources. Increased funding for severe weather shelters is necessary to provide safe housing during extreme conditions. Recognizing that many individuals experiencing homelessness are employed or seeking work, we request state support for programs that assist with utility bills, food, and transportation, which are essential for maintaining employment and achieving housing stability. These legislative priorities reflect Wheat Ridge’s commitment to holistic solutions for homelessness, ensuring all residents have access to housing and essential services. Proposed Legislation Opposed Legislation Wheat Ridge opposes state policies that impose a uniform approach to addressing homelessness, as these fail to address the unique challenges faced by local governments. Financial support to municipalities that restrict local discretion in resource allocation or solution development hinders effective local responses. The City also opposes cuts to state funding for homeless services, which are vital for supporting tailored efforts to address homelessness. | www.ci.wheatridge.co.us6 Governance & Home Rule Home Rule allows Colorado municipalities to govern local matters. Wheat Ridge became a Home Rule municipality in 1976, valuing municipal autonomy to address residents’ unique needs, which is essential to the principles of democracy.This autonomy provides the foundation for effective local governance, allowing the City to define its governing structure, amend its charter, set local election procedures, and implement ordinances and policies that reflect community priorities. Wheat Ridge advocates for the protection of local control, urging the state to support Home Rule cities in decisions regarding zoning, licensing, taxation, public services, and other municipal matters. The City promotes state policies that respect municipal Home Rule, including the authority to tailor governance procedures, manage local ballot measures and charter amendments, and determine election rules that best serve its residents, rather than imposing mandatory compliance with one-size-fits-all state mandates. By upholding these principles, the state empowers cities like Wheat Ridge to respond to local needs with accountability, adaptability, and direct citizen engagement. Proposed Legislation Opposed Legislation Wheat Ridge opposes any state mandates that would undermine local authority over taxation, revenue generation, or core governance responsibilities, including legislation that imposes unfunded mandates or restrictions on constitutionally or charter-defined powers. These priorities underscore Wheat Ridge’s commitment to local self-determination, ensuring the City can continue to serve its residents effectively, preserve the distinct character of the community, and maintain governance practices such as charter amendments, ordinance implementation, and locally-determined election procedures that reflect the will of its residents. www.ci.wheatridge.co.us |7 Infrastructure & Transportation Wheat Ridge is committed to maintaining and enhancing its infrastructure, including 133 miles of streets, 36 miles of storm sewers, 48 traffic signals, and over 6,000 signs. The City plans, designs, and constructs capital projects in public rights-of-way, licenses contractors, and oversees permits and inspections. Wheat Ridge also collaborates with regional partners like RTD, CDOT, and DRCOG to provide reliable, affordable transportation. Wheat Ridge calls on the state to fund and incentivize local infrastructure improvements, such as roads, bike lanes, trails, and stormwater systems, to enhance connectivity, safety, and resilience against climate impacts. Support for multimodal transportation will expand mobility, reduce congestion, and encourage sustainable travel. The City seeks funding for equitable regional transit, ADA upgrades, and modernized public facilities to meet evolving community needs. Wheat Ridge also urges state support for expanding essential utilities to enable new housing and business growth. The City calls on the state to ensure equitable, affordable broadband access and foster a competitive marketplace. These priorities reflect Wheat Ridge’s commitment to infrastructure supporting community well-being and economic growth. Proposed Legislation Opposed Legislation The City opposes legislation that limits its ability to prioritize infrastructure improvements for roads, bike lanes, and trails based on local needs and connectivity goals. Wheat Ridge also rejects state actions that withhold transportation funding unless cities comply with state land-use requirements or other mandates, as such measures undermine local decision-making and the quality of infrastructure. Additionally, the City opposes laws that hinder local efforts to expand utilities and transit, which are vital for sustainable growth and quality of life. The City’s commitment to prioritizing local needs is best served by maintaining local control over transportation planning, which enables the creation of a tailored and efficient network that meets the community’s specific requirements. Furthermore, Wheat Ridge opposes state mandates related to permits in the right-of-way, including permit review timelines and laws that bypass city review processes, as these infringe on local authority, compromise public safety, and force the City to deprioritize other essential activities. Lastly, Wheat Ridge opposes mandated upgrades to city facilities that lack accompanying funding, as such requirements impose an undue financial burden on the City and hinder our ability to effectively manage resources and prioritize essential services. | www.ci.wheatridge.co.us8 Parks and Recreation The City of Wheat Ridge manages a diverse parks and recreation department with over 21 parks covering 173 acres, a 70,000-square-foot recreation center, and more than 300 acres of open space. We offer various recreation programs and sports activities for the community to enjoy the outdoors, along with several events to engage and connect residents throughout the year. The City of Wheat Ridge respectfully requests continued state support to enhance and maintain our parks and recreation system, vital for community well-being, environmental sustainability, and economic vitality. We seek funding to expand and modernize parks, create new recreational areas, and enhance trail connectivity, providing residents with safe, vibrant spaces for physical activity and community engagement. Additionally, we ask for state support for water conservation initiatives in our parks, such as sustainable landscaping and irrigation upgrades, to address environmental challenges and ensure long-term resource preservation. Finally, we urge the state to assist with maintenance and upgrades to recreational facilities, including the Wheat Ridge Recreation Center and Anderson Pool, which serve thousands of residents annually and require ongoing investment for safety, accessibility, and to meet our community’s growing needs. Proposed Legislation Opposed Legislation The City of Wheat Ridge firmly opposes any statewide legislation that diminishes local control over parks and recreation management, as local governments are best suited to understand their communities’ unique needs and priorities. We also oppose initiatives that would reduce funding for parks and recreation projects from the Colorado Lottery or other state sources, as these funds are vital for maintaining and expanding parks and open spaces. A reduction would significantly hinder our ability to provide high-quality recreational amenities for residents. Finally, we reject statewide legislation imposing additional requirements on recreation staff and volunteers. Wheat Ridge values the expertise of its staff and believes decisions about staffing qualifications and training should be made locally, as state regulations would create unnecessary burdens and limit our capacity to deliver essential recreational programs. www.ci.wheatridge.co.us |9 Public Safety Wheat Ridge prioritizes community safety through its full-service suburban police agency, offering emergency response, criminal investigations, traffic safety, code enforcement, animal control, park enforcement, crime prevention, and school resource officers. Committed to relationship-based policing, the Department partners with residents to foster safer neighborhoods and uphold shared community values. Wheat Ridge prioritizes resident safety and urges the state to support local governments with resources to enhance public safety infrastructure. The City seeks funding for relationship-based policing, expanded mental health support, and investment in emergency response systems to protect residents during crises and natural disasters. As part of this effort, Wheat Ridge is pursuing legislation to formally authorize municipalities providing primary enforcement on state and federal highways, including the use of Automated Vehicle Identification Systems (AVIS) to reduce speeding and accidents, and to ensure local departments are compensated for these responsibilities. This legislation would establish cost-sharing mechanisms for enforcement and investigation expenses and create a coordinated partnership with the Colorado State Patrol and CDOT, ensuring highway safety responsibilities do not overextend local resources while keeping community policing focused on resident needs Proposed Legislation Wheat Ridge opposes state legislation that limits local law enforcement’s ability to implement community-focused, relationship-based policing. The City also opposes legislation that imposes mandates on or restricts local discretion in training programs, reduces funding for mental health support and crisis response, or increases liability or removes immunity for officers, as this could compromise public safety by deterring effective policing. Additionally, Wheat Ridge opposes state laws that restrict local standards for policing and emergency response, preferring flexibility to meet community-specific needs. The City also opposes cuts to emergency communication and preparedness funding, which are essential for responding to natural disasters and emergencies effectively. Opposed Legislation | www.ci.wheatridge.co.us10 Special Districts & Utilities Utilities and special districts are essential to Wheat Ridge’s quality of life, economic vitality, and future growth, providing critical services such as water, wastewater, stormwater, energy, and broadband. Because many of these providers operate outside direct municipal control, strong coordination and collaboration are necessary to ensure services align with community needs. Wheat Ridge supports state legislation that strengthens coordination and collaboration between municipalities, utilities, and special districts. The City advocates for policies that require and incentivize utilities and special districts to engage in long-range planning with local governments so infrastructure capacity keeps pace with housing needs, redevelopment, and population growth. The City supports state funding and technical assistance to modernize utility infrastructure, expand capacity, and improve system resilience, particularly for water, wastewater, stormwater, energy, and broadband. Investments that promote affordability, reliability, and climate resilience are essential to economic development and public health. Wheat Ridge also supports legislation that encourages investor-owned utilities and special districts to advance sustainability goals such as water conservation, renewable energy, emissions reduction, and equitable access to clean energy and broadband. The City supports policies that promote transparency, data sharing, accountability, and timely, responsive customer service, ensuring utilities address the questions and concerns of local governments and residents and support informed local planning and decision-making. Proposed Legislation Wheat Ridge opposes state legislation that limits local governments’ ability to coordinate with utilities and special districts or that preempts municipal planning authority related to infrastructure, land use, or development readiness. The City is particularly concerned with policies that impose strict approval timelines on municipalities, such as 90-day review requirements for affordable housing projects, without holding utilities and special districts to comparable standards. When cities are penalized for delays driven by external providers beyond their control, these policies create inequitable accountability, strain interagency coordination, and hinder effective planning and timely project delivery. More broadly, Wheat Ridge opposes unfunded or underfunded state mandates placed on utilities or special districts that ultimately shift costs, risks, or service disruptions onto municipalities and residents. The City also opposes legislation that limits local input on utility expansion, right-of-way management, or infrastructure siting decisions, as such constraints can compromise public safety, economic development, and the City’s long-term community goals. Opposed Legislation www.ci.wheatridge.co.us |11 Wheat Ridge opposes state laws imposing rigid sustainability standards on local governments, as these restrict the City’s ability to tailor initiatives to community needs and values. The City believes sustainability efforts should be shaped by local input and reflect Wheat Ridge’s unique environmental and economic conditions. Additionally, Wheat Ridge rejects state mandates that overlook local contexts and priorities, which hinder innovative solutions for environmental responsibility and community resilience. The City also opposes cuts to funding for local sustainability programs, as these resources are vital for addressing water conservation, waste diversion, and sustainable transportation. Opposed Legislation Sustainability Wheat Ridge offers a comprehensive sustainability program, including the Sustainable Neighborhoods initiative, sustainability-focused community events, and water-wise landscaping programs. The City provides residents with information on clean air and assists businesses in adopting sustainable practices. Recently, Wheat Ridge adopted a Sustainability Action Plan outlining key objectives for the near future. Wheat Ridge supports state legislation advancing water conservation, sustainable transportation, and waste diversion per its Sustainability Action Plan. The City advocates for funding water efficiency programs, collaboration with water districts, and coordinated conservation and stormwater management efforts to address Colorado’s challenges. It backs laws encouraging investor-owned utilities to cut carbon emissions and supports grants for energy- and water-efficiency efforts. Priorities include improving air and water quality, promoting public health and environmental justice, and ensuring equitable access to tree canopies, multimodal transportation infrastructure, and electric vehicles (EVs) through expanded charging infrastructure and affordability programs. The City also urges state efforts to expand EV adoption, incentivize renewable energy projects, increase multimodal transportation, and make composting and recycling accessible in lowincome communities. Additionally, Wheat Ridge seeks investment in small businesses adopting sustainable practices and funding for local sustainability planning, workforce development, and community engagement. These priorities underscore Wheat Ridge’s commitment to thriving, sustainable communities. Proposed Legislation | www.ci.wheatridge.co.us12 Rachel Hultin District II (Chair)rhultin@wheatridge.gov 03-667-0609 Committee Members Dan Larson District IV (Vice-Chair)dlarson@wheatridge.gov 303-585-1122 Mike Okada Distict IV (Counselor)mokada@wheatridge.gov 720-924-1799 For questions about the Legislative Agenda, please contact Cole at the following: Cole Haselip | Senior Management Analyst chaselip@wheatridge.gov | 720-271-4922 www.ci.wheatridge.co.us |13 The CML Statehouse Report will arrive in your inbox every week during the legislative session. If you were forwarded this email and would like to sign up to receive the Statehouse Report, click here to opt-in through a Periodical Subscription Request. Please note, subscriptions are available only to CML members. February 23, 2026 Statehouse Report By Bev Stables, CML legislative advocacy manager Thanks to all who attended our Annual Legislative Workshop last week at History Colorado! It’s day 41 of Colorado’s legislative session. Legislators’ first five bills have been introduced, and the CML Advocacy Team is hard at work on legislation impacting municipalities. Keep an eye out for upcoming opportunities to reach out to state lawmakers and testify on issues that affect your city or town. To date, the legislature has introduced 408 bills and resolutions, with the Colorado Municipal League (CML) having taken or intending to take positions on 60 measures so far. You can find a full list of the bills CML is monitoring in the House and Senate, as well as those we have taken positions on the online Box Score. Below are several bills we are watching this week. Bills to Watch LAND USE House Bill 26-1114, Minimum Lot Sizes, passed the House Committee on Transportation, Housing & Local Government last week and is scheduled for a vote on House Second Reading on Monday, Feb. 23. This bill requires local governments with a population of 1,000 or more located in a ATTACHMENT 2 Metropolitan Planning Organization to allow minimum lot sizes of 2,000 square feet in single-family residential-zoned districts. CML testified against this land use preemption. Please call your House Representative and ask them to VOTE NO on HB26-1114. MARIJUANA House Bill 26-1117, Temporary Marijuana Hospitality Permit, by Rep. Ricks (HD40), is scheduled for a hearing in the House Business Affairs and Labor Committee on Wednesday, Feb. 25, upon adjournment. The bill creates a state temporary hospitality event permit allowing marijuana consumption (but not sales or distribution) at temporary events that comply with noise, odor, and air-quality laws. CML is in an amend position on this bill, and staff has been working with proponents to ensure a logical and streamlined process with appropriate local oversight. TRANSPORTATION House Bill 26-1071, Local Government Vehicle Identification System on Interstate Highways, passed House Second Reading on Thursday, Feb. 19. This bill is CML-initiated legislation that allows local governments to deploy speed cameras on federal interstates in cooperation with the Colorado Department of Transportation (CDOT). Check out CML’s position paper (PDF). TAXATION House Bill 26-1065, Transit and Housing Investment Zones, by Speaker McCluskie (HD13), Rep. Woodrow (HD2), and Sen. Roberts (SD 8), will be heard in the House Finance Committee on Monday, Feb. 23 at 1:30 p.m. The bill enables local governments and transit agencies to partner on transit-housing projects through designated investment areas. These areas can capture incremental state sales tax revenue (TIF) to fund improvements via urban renewal authorities, county revitalization authorities, metro districts, or new governing entities. The bill also creates a $50 million refundable tax credit for affordable housing in transit zones. CML supports this bill. PUBLIC SAFETY Senate Bill 26-024, State & Local Unmanned Aircraft Regulation will be heard by the Senate Committee on Local Government & Housing on Feb. 25 at 1:30 p.m. The bill would limit the ability of cities and towns to manage the impacts of drone use in their communities by declaring non-airspace drone regulation as a matter of statewide concern and broadly preempting local authority. This bill goes further than Federal Aviation Administration (FAA) regulations by voiding existing local ordinances and restricting municipalities’ traditional roles in managing parks, open space, events, and public safety. CML is opposed to SB26-024 because it creates confusion where none currently exists. If you are interested in testifying against this bill on Feb. 25 at 1:30 p.m., please sign-up to testify. View CMLs Position Paper on SB26-024 (PDF). Senate Bill 26-070, Ban Government Access Historical Location Information Database also referred to as the “PEEPS Act,” is scheduled for the Senate Judiciary Committee on Feb. 23, at 1:30 p.m. CML is opposed to this bill. The bill significantly hinders law enforcement’s ability to access and share “historical location information,” defined as information revealing the location of an individual or vehicle more than 24 hours prior to the date of access. Specifically, the bill: requires a warrant to access location data older than 24 hours; requires all data older than four days to be permanently deleted; limits data sharing outside an agency’s jurisdiction; mandates detailed departmental policies; requires supervisory approval for each system search; requires reporting on who accessed the system, who approved access, and for what purpose; requires supervisory audits of the system every 90 days; mandates training on the new law; and imposes an annual reporting requirement to the House and Senate Judiciary Committees and the governor. The bill also includes a broad definition of “database” that could subject routine case files to the warrant requirements, renders improperly accessed data inadmissible in criminal and civil proceedings, and authorizes enforcement by the Attorney General. If you are interested in testifying against this bill on Feb. 23, please reach out to Owen Brigner at obrigner@cml.org or please sign up to testify. Senate Bill 26-071, Use of Surveillance Technology by Law Enforcement, also referred to as the “SAFE Act,” will be at Senate Judiciary Committee on Feb. 23 upon adjournment. The bill regulates how law enforcement agencies may use surveillance technologies, including red light cameras, license plate reader (LPR) systems, pole-mounted cameras, drones, facial recognition, or any other technology that could fit into this definition. This bill is not expected to survive Senate Judiciary Committee. CML has not taken a position on the bill. Senate Bill 26-100, Youth Sports Safety Requirements, will be heard in the Senate Health & Human Services Committee on Thursday, Feb. 26 at 1:30 p.m. This is a similar bill from 2024 (HB24-1080) that Governor Polis vetoed. SB26-100 requires youth sports organizations and local governments to ensure that at least one adult present at all athletic activities holds current first aid, CPR, and AED certification. All coaches and chaperones working directly with youth must complete a fingerprint-based criminal background check every three years. Individuals who have lived outside the United States for more than 180 days in the past 10 years must also complete an international background check. The bill disqualifies individuals convicted of specified serious felonies from serving as coaches or chaperones. The bill creates a civil private right of action against a youth sports organization or local government for failure to complete a required background check when an unsupervised individual who should have been screened causes harm, and limits defenses based on ordinary negligence or oversight. CML would seek amendments to remove the additional expenses, the heightened liability, and to preserve existing immunity and negligence defenses. CML has not taken a position on this bill. If you’d like to testify, please sign up. House Bill 26-1037, Ban Government Purchase of Personal Data from Third Party, will be at House Judiciary Committee on Feb. 25 at 1:30 p.m. This bill goes beyond Fourth Amendment standards by prohibiting law enforcement agencies and prosecutors from obtaining or sharing personal data lawfully acquired by third-party vendors and made available for sale to the general public. The bill would disrupt long-standing investigative and prosecutorial practices by limiting routine information sharing among law enforcement partners. HB26-1037 also creates a broad private right of action allowing an injured person to sue for an alleged violation. The bill bars the use of any personal data obtained in violation of the act in court proceedings, without clarifying how this restriction would apply to ongoing cases or previously adjudicated matters. This bill has not been assigned a committee hearing date yet. CML is opposed to HB26-1037. If you would like to testify in opposition to this bill, please sign up. House Bill 26-1101, Criminal Offenses Related to Critical Infrastructure Metals, is scheduled in House Judiciary Committee on Wednesday, Feb. 25 upon adjournment. This bill amends Colorado’s scrap and commodity metals statute to address increasing theft of metals associated with critical infrastructure impacting cities and towns statewide. The bill expands requirements for metal dealers by: requiring transaction records to be made available to local law enforcement and municipal code enforcement upon request; restricting cash payments over $300 when the buyer knows or reasonably should know the metal is part of critical infrastructure, requiring payment by check unless a photograph of the seller is taken at payment; requiring individuals in possession of critical infrastructure metals to carry written authorization; and requiring businesses that unknowingly accept such metals to notify law enforcement by the next business day after discovery. Failure to report constitutes a new criminal offense, and certain violations may be charged as a class 5 felony when the value of the material is between $5,000 and $20,000. CML has not taken an official position on the bill. If you would like to testify in support, please sign up. MUNICIPAL COURTS House Bill 26-1134, Fairness & Transparency in Municipal Courts, will be in House Judiciary Committee on Wednesday, Feb. 25 at 1:30 p.m. The sponsors have accepted most language changes offered by CML, including revisions to the provisions on flat-fee arrangements and the right to counsel. There are two remaining sticking points: the requirement that municipal court proceedings with in-custody defendants where jail is a possible penalty be livestreamed; and a delayed implementation date of July 1, 2027. Sponsors are not willing to pare back the livestreaming requirements any further. Staff would at least like to obtain the July 1, 2027, implementation date so that smaller courts can budget 2027 dollars rather than adjust already-established 2026 budgets. If you would like to testify on this bill, please sign up. PESTICIDES Senate Bill 26-062, Rodenticide Use Restrictions restricts the use of first- and second-generation anticoagulants, and glue traps to certified applicators. Application of the products would not be allowed for preventive efforts and could only be used when rodent activity has been confirmed. CML has not taken an official position on the bill yet. The bill was up in the Senate Committee on Agriculture and Natural Resources on Feb. 19. The bill was laid over for action only to deal with technical issues. OPEN RECORDS House Bill 26-1095, Digital Publication for Legal Notice would allow legal notices to be published on a newspaper's website instead of in hard copy. The notices would have to be accessible for free. This would provide more options for posting legal notices and allow greater accessibility. This bill will be heard in the House Transportation, Housing & Local Government Committee on Feb. 25 at 1:30 p.m. CML has not taken an official position on the bill yet. House Bill 26-1121, Public Accessibility of Emissions Records, would require that any owner or operator of a site to make all emission records required by state or federal law to be publicly available and accessible on their public website. The records can be redacted to protect confidential business information. CML has concerns around costs to redact and make the records available and downloadable. These records are already available under CORA. The bill will be heard in the House Energy and Environment Committee on Feb. 26 at 1:30 p.m. CML has not taken an official position on the bill. Privacy Policy Homepage Contact Us Colorado Municipal League 1144 Sherman St., Denver, CO 80203 303.831.6411 / 866.578.0936 If you would no longer like to receive these emails, unsubscribe here ATTACHMENT 3 Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 26-0608.01 Renee Leone x2695 HOUSE BILL 26-1071 House Committees Senate Committees Transportation, Housing & Local Government A BILL FOR AN ACT CONCERNING ALLOWING A LOCAL GOVERNMENT TO LOCATE AN101 AUTOMATED VEHICLE IDENTIFICATION SYSTEM ON AN102 INTERSTATE HIGHWAY.103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) Current law allows the state to locate an automated vehicle identification system (AVIS) on a highway that is part of the federal interstate highway system but prohibits a county, city and county, or municipality (local government) from doing so. The bill authorizes a local government to locate an AVIS on a highway that is part of the federal HO U S E 3r d R e a d i n g U n a m e n d e d Fe b r u a r y 2 3 , 2 0 2 6 HO U S E Am e n d e d 2 n d R e a d i n g Fe b r u a r y 1 9 , 2 0 2 6 HOUSE SPONSORSHIP Mauro and Duran, Froelich, Woodrow SENATE SPONSORSHIP Cutter, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. ATTACHMENT 4 interstate highway system. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 42-4-110.5, amend2 (2) introductory portion, (2)(g)(I), and (2)(g)(V) as follows:3 42-4-110.5. Automated vehicle identification systems - school4 buses - exceptions to liability - penalty - contracting - limits on use of5 photographs and video - rules - legislative declaration - definitions.6 (2) A county, city and county, or municipality may adopt an7 ordinance authorizing the use of an automated vehicle identification8 system to detect violations A VIOLATION of A traffic regulations9 REGULATION adopted by the county, city and county, or municipality, or10 the state OR a county, a city and county, or a municipality may utilize an11 automated vehicle identification system to detect A traffic violations12 VIOLATION under state law, subject to the following conditions and13 limitations and, as applicable, the requirements for state highways set14 forth in and any rules adopted by the department of transportation15 pursuant to subsection (2.5) of this section:16 (g) (I) The state OR a county, a city and county, or a municipality17 shall not issue a notice of violation or civil penalty assessment notice for18 a violation detected using an automated vehicle identification system19 unless the violation occurred within a school zone, as defined in section20 42-4-615; within a residential neighborhood; within a maintenance,21 construction, or repair zone designated pursuant to section 42-4-614;22 along a street that borders a municipal park; or along a street OR STATE23 HIGHWAY or A portion of a street OR STATE HIGHWAY that a county, city24 and county, or municipality, by ordinance or by a resolution of its25 1071-2- governing body, designates as an automated vehicle identification1 corridor, on which designated corridor the county, city and county, or2 municipality may locate an automated vehicle identification system to3 detect violations A VIOLATION of a TRAFFIC REGULATION ADOPTED BY THE4 STATE OR A county, city and county, or municipal traffic regulation or a5 traffic violation under state law MUNICIPALITY.6 (V) (A) Notwithstanding the provisions of subsection (2)(g)(I) of7 this section, The state, A CITY AND COUNTY, OR A MUNICIPALITY may8 locate an automated vehicle identification system on a STATE highway9 that is a part of the federal interstate highway system and may issue a10 notice of violation or a civil penalty assessment notice for a traffic11 violation under state law VIOLATION OF A TRAFFIC REGULATION ADOPTED12 BY THE STATE, A CITY AND COUNTY, OR A MUNICIPALITY detected using13 the automated vehicle identification system.14 (B) A county, a city and county, or a municipality shall not locate15 an automated vehicle identification system or create an automated vehicle16 identification corridor on any highway that is a part of the federal17 interstate highway system.18 SECTION 2. Act subject to petition - effective date. This act19 takes effect at 12:01 a.m. on the day following the expiration of the20 ninety-day period after final adjournment of the general assembly (August21 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a22 referendum petition is filed pursuant to section 1 (3) of article V of the23 state constitution against this act or an item, section, or part of this act24 within such period, then the act, item, section, or part will not take effect25 unless approved by the people at the general election to be held in26 1071-3- November 2026 and, in such case, will take effect on the date of the1 official declaration of the vote thereon by the governor.2 1071-4- Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 26-0046.01 Caroline Martin x5902 HOUSE BILL 26-1001 House Committees Senate Committees Transportation, Housing & Local Government A BILL FOR AN ACT CONCERNING THE PROMOTION OF RESIDENTIAL DEVELOPMENTS ON101 QUALIFYING PROPERTIES.102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill requires a subject jurisdiction, on or after December 31, 2027, to allow a residential development to be constructed on a qualifying property that does not contain an exempt parcel, subject to an administrative approval process. A qualifying property is real property that contains no more than 5 acres of land and is owned by: !A nonprofit organization with a demonstrated history of HO U S E 3r d R e a d i n g U n a m e n d e d Fe b r u a r y 6 , 2 0 2 6 HO U S E Am e n d e d 2 n d R e a d i n g Fe b r u a r y 5 , 2 0 2 6 HOUSE SPONSORSHIP Boesenecker and Mabrey, Bacon, Camacho, English, Froelich, Garcia, Goldstein, Jackson, Lindsay, Nguyen, Phillips, Rutinel, Sirota, Stewart R., Story, Woodrow, Zokaie SENATE SPONSORSHIP Exum and Gonzales J., Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. ATTACHMENT 5 providing affordable housing; !A nonprofit organization that provides public transit; !A nonprofit organization that has entered into an agreement with another nonprofit organization with a demonstrated history of providing affordable housing, provided that the agreement requires the nonprofit organization with a demonstrated history of providing affordable housing to develop a residential development on the property; !A school district; !A state college or university; !A housing authority; or !A local or regional transit district or a regional transportation authority serving one or more counties. If a subject jurisdiction requests, as part of an initial development application, that a nonprofit organization with a demonstrated history of providing affordable housing provide documentation that it meets required criteria, the nonprofit organization shall provide the documentation. A subject jurisdiction shall not: !Disallow construction of a residential development on a qualifying property on the basis of height if the tallest structure in the residential development is no more than 3 stories or 45 feet tall; !Disallow construction of a residential development on a qualifying property on the basis of height if the tallest structure in the residential development complies with the height-related standards for the zoning district in which the residential development will be built or any zoning district that is contiguous to the qualifying property on which the residential development will be built; !Disallow construction of a residential development on a qualifying property based on the number of dwelling units that the residential development will contain, except in accordance with standards listed in the bill; or !Apply standards to a residential development on a qualifying property that are more restrictive than the standards the subject jurisdiction applies to similar housing constructed within the subject jurisdiction, including standards related to structure setbacks from property lines; lot coverage or open space; on-site parking requirements; numbers of bedrooms in a multifamily residential development; on-site landscaping, screening, and buffering requirements; or minimum dwelling units per acre. Provided that the uses are allowed conditionally or by right within the zoning district in which a qualifying property is located, a subject 1001-2- jurisdiction shall allow the following uses in a residential development on a qualifying property: !Child care; and !The provision of recreational, social, or educational services provided by community organizations for use by the residents of the residential development and the surrounding community. The bill requires the owner of a qualifying property to notify the county assessor that a subject jurisdiction has allowed the construction of a residential development on a qualifying property within the county. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Short title. The short title of this act is the2 "Housing Opportunities Made Easier (HOME) Act".3 SECTION 2. In Colorado Revised Statutes, 29-35-103, amend4 (2)(a)(I); and add (2.5) as follows:5 29-35-103. Definitions.6 (2) (a) "Administrative approval process" means a process in7 which:8 (I) A development proposal APPLICATION for a specified project9 is approved, approved with conditions, or denied by local government10 administrative staff based solely on its compliance with objective11 standards set forth in local laws; and12 (2.5) "AIRPORT INFLUENCE AREA" MEANS AN AREA SURROUNDING13 AN AIRPORT THAT A LOCAL GOVERNMENT HAS DESIGNATED AS14 UNSUITABLE FOR RESIDENTIAL DEVELOPMENT BECAUSE:15 (a) DEVELOPMENT COULD IMPACT AIRPORT OPERATIONS; OR16 (b) AIRPORT NOISE OR SAFETY HAZARDS COULD AFFECT THE AREA.17 SECTION 3. In Colorado Revised Statutes, add part 5 to article18 35 of title 29 as follows:19 PART 520 1001-3- RESIDENTIAL DEVELOPMENT ON1 QUALIFYING PROPERTIES2 29-35-501. Legislative declaration.3 (1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:4 (a) COLORADANS ARE OVERWHELMINGLY BURDENED WITH THE5 COST OF HOUSING. THE NUMBER OF HOUSEHOLDS THAT SPEND MORE THAN6 THIRTY PERCENT OF THEIR TOTAL INCOME ON RENT OR MORTGAGE7 PAYMENTS IN COLORADO INCREASED FROM SIX HUNDRED SIXTY-EIGHT8 THOUSAND ONE HUNDRED IN 2014 TO EIGHT HUNDRED FIFTY THOUSAND9 EIGHT HUNDRED IN 2024, REPRESENTING THIRTY-FIVE PERCENT OF ALL10 HOUSEHOLDS.11 (b) A CONTRIBUTING FACTOR TO THE INCREASE IN COST-BURDENED12 HOUSEHOLDS IS THAT POPULATION GROWTH HAS OUTPACED NEW HOUSING13 DEVELOPMENT, RESULTING IN SUPPLY CONSTRAINTS AND ESCALATING14 COSTS. BETWEEN 2000 AND 2023, RESIDENTIAL PROPERTY VALUES AND15 RENTAL RATES INCREASED AT RATES EXCEEDING INCOME GROWTH,16 THEREBY EXERTING CONSIDERABLE FINANCIAL STRAIN ON MANY17 RESIDENTS. A 2025 RESEARCH BRIEF PUBLISHED BY THE COLORADO STATE18 DEMOGRAPHY OFFICE TITLED "COLORADO'S HOUSING SHORTFALL: AN19 ESTIMATE AND REVIEW OF EXISTING STUDIES" ESTIMATED THAT, AS OF20 2023, AN ADDITIONAL ONE HUNDRED SIX THOUSAND HOUSING UNITS WERE21 NEEDED TO OVERCOME THE HOUSING SHORTFALL, AND THIRTY-FOUR22 THOUSAND ONE-HUNDRED UNITS NEEDED TO BE BUILT ANNUALLY TO23 MAINTAIN THE HOUSING SHORTAGE AT ITS 2023 LEVEL.24 (c) AS COLORADO GROWS, SO DOES THE CHALLENGE OF PROVIDING25 AFFORDABLE HOUSING TO RESIDENTS. WHILE LAND THAT IS AVAILABLE26 FOR NEW HOUSING IN ESTABLISHED COMMUNITIES IS IN SHORT SUPPLY,27 1001-4- MANY QUALIFYING ORGANIZATIONS OWN UNDERUTILIZED PROPERTIES1 WHERE HOUSING COULD BE BUILT.2 (d) COLORADO URGENTLY NEEDS MORE HOUSING TO MEET THE3 NEEDS OF A GROWING STATEWIDE POPULATION AND ADDRESS ISSUES4 DIRECTLY RELATED TO HOUSING, SUCH AS TRANSIT, COMMUTING, THE5 WORKFORCE, AND THE ENVIRONMENT. PROVIDING OPPORTUNITIES TO6 CONSTRUCT RESIDENTIAL DEVELOPMENTS ON UNDERUTILIZED LAND IS A7 MATTER OF MIXED STATEWIDE AND LOCAL CONCERN.8 (e) LOCAL ZONING REGULATIONS OFTEN PREVENT HOUSING FROM9 BEING DEVELOPED ON VACANT PROPERTIES BY PROHIBITING RESIDENTIAL10 DEVELOPMENT ON QUALIFYING PROPERTIES OR BY REQUIRING EXTENSIVE11 REZONING PROCESSES THAT ADD COST AND UNCERTAINTY TO AFFORDABLE12 HOUSING PROJECTS.13 (f) THIS HOUSE BILL 26-1001, ENACTED IN 2026, STREAMLINES14 THE CONSTRUCTION OF AFFORDABLE HOUSING BY PROVIDING A PROCESS15 THAT ALLOWS RESIDENTIAL DEVELOPMENTS TO BE CONSTRUCTED ON16 QUALIFYING PROPERTIES AS LONG AS CERTAIN REQUIREMENTS ARE17 SATISFIED.18 (g) ACCORDING TO A 2022 ARTICLE PUBLISHED IN THE JOURNAL OF19 THE AMERICAN PLANNING ASSOCIATION TITLED "DOES DISCRETION20 DELAY DEVELOPMENT?", RESIDENTIAL PROJECTS THAT WENT THROUGH21 ADMINISTRATIVE APPROVAL PROCESSES WERE APPROVED TWENTY-EIGHT22 PERCENT FASTER THAN RESIDENTIAL PROJECTS THAT WENT THROUGH23 DISCRETIONARY APPROVAL PROCESSES, AND FASTER APPROVAL TIMES24 REDUCE DEVELOPER COSTS AND THEREFORE HOUSING COSTS. STUDIES25 HAVE SHOWN THAT HOMEBUILDERS, INCLUDING AFFORDABLE HOUSING26 DEVELOPERS, WILL AVOID PARCELS THAT NEED TO GO THROUGH A27 1001-5- DISCRETIONARY PROCESS.1 (h) A 2022 RESEARCH PAPER PUBLISHED BY THE FEDERAL2 RESERVE BANK OF BOSTON TITLED "HOW TO INCREASE HOUSING3 AFFORDABILITY: UNDERSTANDING LOCAL DETERRENTS TO BUILDING4 MULTIFAMILY HOUSING" FOUND THAT RELAXING DENSITY RESTRICTIONS,5 EITHER ALONE OR IN COMBINATION WITH RELAXING MAXIMUM HEIGHT6 RESTRICTIONS, IS THE MOST EFFECTIVE POLICY REFORM FOR INCREASING7 THE HOUSING SUPPLY AND REDUCING MULTIFAMILY RENTS AND8 SINGLE-FAMILY HOME PRICES. THIS PAPER ALSO FOUND THAT EVEN IF9 MULTIFAMILY ZONING IS ALLOWED, MUNICIPALITIES OFTEN LIMIT THE SIZE10 OR SHAPE OF BUILDINGS WITH HEIGHT RESTRICTIONS.11 (i) RESEARCH EXAMINING THREE DECADES OF REZONING12 DECISIONS IN HENRICO COUNTY, VIRGINIA DEMONSTRATED THAT PUBLIC13 PARTICIPATION IN RESIDENTIAL REZONING PROCESSES IS14 OVERWHELMINGLY OPPOSITIONAL, WITH MORE THAN EIGHTY-FIVE15 PERCENT OF COMMENTERS RAISING CONCERNS ABOUT PERCEIVED16 NEGATIVE IMPACTS OF NEW DEVELOPMENT RELATED TO DENSITY, SITE17 DESIGN, AND PARKING. AS A RESULT, LOCAL GOVERNMENTS FREQUENTLY18 IMPOSE CONDITIONS THAT GO BEYOND BASELINE ZONING STANDARDS TO19 REDUCE DENSITY. PROHIBITING THE APPLICATION OF THESE MORE20 RESTRICTIVE STANDARDS TO RESIDENTIAL DEVELOPMENTS ENSURES21 DEVELOPMENT STANDARDS ARE APPLIED CONSISTENTLY AND22 OBJECTIVELY, RATHER THAN BEING APPLIED AD HOC IN DISCRETIONARY23 PROCESSES DRIVEN BY OPPOSITION.24 (j) HUNDREDS OF THOUSANDS OF COLORADANS HAVE ONE OR25 MORE DISABILITIES AND THIS NUMBER CONTINUES TO INCREASE AS THE26 POPULATION AGES. ENSURING FAIR AND ACCESSIBLE HOUSING BENEFITS27 1001-6- INDIVIDUALS WITH DISABILITIES AND PROVIDES SAFER WORKING1 CONDITIONS FOR HOME HEALTH-CARE WORKERS. FEDERAL, STATE, AND2 LOCAL LAWS THAT PROVIDE ACCESSIBILITY PROTECTIONS SUCH AS THE3 FEDERAL "FAIR HOUSING ACT", 42 U.S.C. SEC. 3601 ET SEQ., THE4 FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.5 12101 ET SEQ., AND THE "COLORADO ANTI-DISCRIMINATION ACT", PARTS6 3 THROUGH 8 OF ARTICLE 34 OF TITLE 24, ARE IMPERATIVE TO INCREASING7 ACCESSIBLE HOUSING OPPORTUNITIES.8 (2) T HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT:9 (a) COMMUNITY OPPOSITION AND RESTRICTIVE LOCAL LAND USE10 POLICIES LIMIT THE HOUSING SUPPLY, IMPACT HOUSING OPTIONS FOR11 COLORADANS OF LOW AND MODERATE INCOMES, AND RESTRICT THE12 AVAILABILITY OF WORKFORCE HOUSING, THEREBY AFFECTING13 EMPLOYMENT GROWTH.14 (b) WHEN LOCAL GOVERNMENTS RESTRICT HOUSING15 DEVELOPMENTS WITHIN THEIR JURISDICTIONS, THEY IMPACT NEIGHBORING16 LOCAL GOVERNMENTS. AN INCREASE IN JOB GROWTH IN ONE COMMUNITY17 WITHOUT A CORRESPONDING GROWTH IN HOUSING LEADS TO A HOUSING18 SHORTFALL IN THE COMMUNITY. RESEARCH HAS SHOWN THAT REGIONAL19 IMBALANCES BETWEEN JOBS AND HOUSING HAVE SIGNIFICANT IMPACTS ON20 VEHICLE MILES TRAVELED AND COMMUTE TIMES ACROSS JURISDICTIONS,21 ACCORDING TO STUDIES SUCH AS "WHICH REDUCES VEHICLE TRAVEL22 MORE: JOBS-HOUSING BALANCE OR RETAIL-HOUSING MIXING?",23 PUBLISHED IN THE JOURNAL OF THE AMERICAN PLANNING ASSOCIATION.24 WHEN PEOPLE ARE UNABLE TO LIVE NEAR WHERE THEY WORK, WORKERS'25 ONLY OPTION IS TO SPEND MORE HOURS ON THE ROAD COMMUTING.26 LONGER COMMUTES INCREASE VEHICLE TRAFFIC, PUT ADDITIONAL STRAIN27 1001-7- ON COLORADO'S ROADS, AND INCREASE POLLUTION.1 (c) THE AVAILABILITY OF AFFORDABLE HOUSING IS A MATTER OF2 MIXED STATEWIDE AND LOCAL CONCERN. 3 (d) COLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING4 POPULATION AND DEVELOPMENT GROWTH AND ENSURING A STABLE5 QUALITY AND QUANTITY OF HOUSING FOR COLORADANS, AS THIS IS6 AMONG THE MOST PRESSING PROBLEMS CURRENTLY FACING COMMUNITIES7 THROUGHOUT COLORADO.8 (3) THEREFORE, THE GENERAL ASSEMBLY FINDS, DETERMINES, AND9 DECLARES THAT LOCAL GOVERNMENT POLICIES THAT LIMIT THE10 CONSTRUCTION OF A DIVERSE RANGE OF HOUSING IN AREAS SERVED BY11 INFRASTRUCTURE AND THAT EFFECTIVELY CREATE HOUSING SUPPLY12 SHORTFALLS AND UNSUSTAINABLE DEVELOPMENT PATTERNS, REQUIRE A13 STATEWIDE SOLUTION.14 29-35-502. Definitions.15 AS USED IN THIS PART 5, UNLESS THE CONTEXT OTHERWISE16 REQUIRES:17 (1) "DWELLING UNIT" HAS THE MEANING SET FORTH IN SECTION18 29-35-402 (8).19 (2) "EXEMPT PARCEL" MEANS:20 (a) A PARCEL THAT IS:21 (I) NOT SERVED BY A DOMESTIC WATER AND SEWAGE TREATMENT22 SYSTEM, AS DEFINED IN SECTION 24-65.1-104 (5);23 (II) SERVED BY A WELL THAT IS NOT CONNECTED TO A WATER24 DISTRIBUTION SYSTEM, AS DEFINED IN SECTION 25-9-102 (6); OR25 (III) SERVED BY A SEPTIC TANK, AS DEFINED IN SECTION26 25-10-103 (18);27 1001-8- (b) A PARCEL WHERE RESIDENTIAL USE IS PREVENTED OR LIMITED1 BY STATE REGULATION, FEDERAL REGULATION, OR DEED RESTRICTION2 PURSUANT TO:3 (I) FEDERAL AVIATION ADMINISTRATION RESTRICTIONS PURSUANT4 TO 14 CFR 77 OR 49 U.S.C. CHAPTER 471;5 (II) AN ENVIRONMENTAL COVENANT PURSUANT TO SECTIONS6 25-15-318 TO 25-15-323; OR7 (III) FLAMMABLE GAS OVERLAY ZONING DISTRICT RESTRICTIONS; 8 (c) A PARCEL THAT IS SUBJECT TO A CONSERVATION EASEMENT;9 (d) A PARCEL THAT IS LOCATED WITHIN AN AIRPORT INFLUENCE10 AREA; OR11 (e) A HISTORIC PROPERTY THAT IS LOCATED OUTSIDE OF A12 HISTORIC DISTRICT.13 (3) "HISTORIC DISTRICT" HAS THE MEANING SET FORTH IN SECTION14 29-35-402 (10).15 (4) "HISTORIC PROPERTY" HAS THE MEANING SET FORTH IN16 SECTION 29-35-402 (11).17 (5) "NONPROFIT ORGANIZATION" MEANS AN ORGANIZATION18 AUTHORIZED TO DO BUSINESS IN THE STATE THAT IS EXEMPT FROM19 TAXATION PURSUANT TO SECTION 501 (a) OF THE FEDERAL "INTERNAL20 REVENUE CODE OF 1986", 26 U.S.C. SEC. 501, AS AMENDED, AND LISTED21 AS AN EXEMPT ORGANIZATION IN SECTION 501 (c)(3) OF THE FEDERAL22 "INTERNAL REVENUE CODE OF 1986", 26 U.S.C. sec. 501, AS AMENDED.23 (6) "NONPROFIT ORGANIZATION WITH A DEMONSTRATED HISTORY24 OF PROVIDING AFFORDABLE HOUSING" MEANS A NONPROFIT25 ORGANIZATION THAT, WITHIN THE LAST FIVE YEARS, HAS:26 (a) DEVELOPED PROJECTS WHICH HAVE RECEIVED FEDERAL27 1001-9- LOW-INCOME HOUSING TAX CREDITS OR STATE AFFORDABLE HOUSING1 CREDITS;2 (b) BEEN AWARDED FUNDING THROUGH THE FEDERAL "HOME3 INVESTMENT PARTNERSHIPS PROGRAM", 24 CFR 92.1, ET SEQ.;4 (c) BEEN AWARDED FUNDING TO SUPPORT THE CREATION,5 PRESERVATION, OR REHABILITATION OF AFFORDABLE HOUSING FROM THE6 COLORADO DEPARTMENT OF LOCAL AFFAIRS; THE COLORADO HOUSING7 AND FINANCE AUTHORITY; THE COLORADO OFFICE OF ECONOMIC8 DEVELOPMENT AND INTERNATIONAL TRADE; OR A LOCAL GOVERNMENT;9 (d) OWNED PROPERTY THAT IS EXEMPT FROM PROPERTY TAXATION10 PURSUANT TO SECTION 39-3-113.5;11 (e) BEEN CERTIFIED AS A COMMUNITY HOUSING DEVELOPMENT12 ORGANIZATION PURSUANT TO 24 CFR 92.2 AND, TOGETHER WITH THE13 COLORADO DIVISION OF HOUSING OR A LOCAL GOVERNMENT, IS A PARTY14 TO A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION OPERATING15 AGREEMENT;16 (f) BEEN APPROVED BY THE COLORADO DIVISION OF HOUSING AS17 AN "APPROVED NONPROFIT ORGANIZATION" PURSUANT TO SECTION18 39-22-548 AND ENGAGED IN THE DEVELOPMENT OR OPERATIONAL SERVICE19 OF SUPPORTIVE HOUSING PURSUANT TO SECTION 39-22-548 (2)(h); OR20 (g) OWNED PROPERTY FOR WHICH THE ORGANIZATION RECEIVED21 A CERTIFICATE OF OCCUPANCY FOR LONG-TERM AFFORDABLE HOUSING,22 AND CAN PRODUCE THAT CERTIFICATE OF OCCUPANCY, A RESTRICTED USE23 COVENANT, OR A SIMILAR RECORDED AGREEMENT THAT ENSURES24 AFFORDABILITY.25 (7) "QUALIFYING PRIVATE PROPERTY" MEANS REAL PROPERTY26 THAT CONTAINS NO MORE THAN FIVE ACRES OF LAND AND IS OWNED BY:27 1001-10- (a) A NONPROFIT ORGANIZATION WITH A DEMONSTRATED HISTORY1 OF PROVIDING AFFORDABLE HOUSING; 2 (b) A NONPROFIT ORGANIZATION THAT PROVIDES PUBLIC TRANSIT;3 OR4 (c) A NONPROFIT ORGANIZATION THAT HAS ENTERED INTO AN5 AGREEMENT WITH ANOTHER NONPROFIT ORGANIZATION WITH A6 DEMONSTRATED HISTORY OF PROVIDING AFFORDABLE HOUSING, PROVIDED7 THAT THE AGREEMENT REQUIRES THE NONPROFIT ORGANIZATION WITH A8 DEMONSTRATED HISTORY OF PROVIDING AFFORDABLE HOUSING, OR ITS9 SUCCESSOR ORGANIZATION, TO DEVELOP A RESIDENTIAL DEVELOPMENT ON10 THE PROPERTY.11 (8) "QUALIFYING PROPERTY" MEANS A QUALIFYING PRIVATE12 PROPERTY OR A QUALIFYING PUBLIC PROPERTY.13 (9) "QUALIFYING PUBLIC PROPERTY" MEANS REAL PROPERTY THAT14 CONTAINS NO MORE THAN FIVE ACRES OF LAND AND IS OWNED BY:15 (a) A SCHOOL DISTRICT, AS DEFINED IN SECTION 22-30-103;16 (b) A STATE COLLEGE OR UNIVERSITY, AS DEFINED IN SECTION17 23-2-102;18 (c) A BOARD OF COOPERATIVE SERVICES, AS DEFINED IN SECTION19 22-5-103;20 (d) A HOUSING AUTHORITY CREATED PURSUANT TO SECTION21 29-1-204.5, 29-4-204, 29-4-402, OR 29-4-503; OR22 (e) A LOCAL OR REGIONAL TRANSIT DISTRICT OR A REGIONAL23 TRANSPORTATION AUTHORITY SERVING ONE OR MORE COUNTIES.24 (10) "RESIDENTIAL DEVELOPMENT" MEANS A DEVELOPMENT: 25 (a) WITH ONE OR MORE STRUCTURES THAT CONTAIN PERMANENT26 DWELLING UNITS;27 1001-11- (b) THAT DOES NOT CONTAIN ANY TEMPORARY HOUSING OR1 SHELTER SPACE; AND2 (c) THAT HAS A PRIMARY PURPOSE OF RESIDENTIAL USE.3 (11) "SIMILAR HOUSING" MEANS HOUSING THAT IS SIMILAR IN4 FORM AND NUMBER OF DWELLING UNITS.5 (12) "SUBJECT JURISDICTION" MEANS A LOCAL GOVERNMENT THAT6 HAD A POPULATION GREATER THAN TWO THOUSAND PEOPLE AS OF THE7 LAST UNITED STATES CENSUS.8 (13) "TRANSFERABLE DEVELOPMENT RIGHTS PROGRAM" MEANS AN9 ENACTED LOCAL LAND USE PROGRAM THAT AUTHORIZES THE TRANSFER OR10 SALE OF REAL PROPERTY DEVELOPMENT RIGHTS AS PART OF A LAND USE11 PLANNING STRATEGY THAT AIMS TO ACHIEVE CONSERVATION, GROWTH12 MANAGEMENT, AFFORDABLE HOUSING, OR OTHER POLICY OBJECTIVES.13 29-35-503. Residential developments on qualifying properties.14 (1) Residential developments on qualifying properties. EXCEPT15 AS PROVIDED IN SUBSECTION (5) OF THIS SECTION, ON OR AFTER16 DECEMBER 31, 2027, SUBJECT TO AN ADMINISTRATIVE APPROVAL PROCESS17 AND IN ACCORDANCE WITH THIS PART 5, A SUBJECT JURISDICTION SHALL18 ALLOW A RESIDENTIAL DEVELOPMENT TO BE CONSTRUCTED ON A19 QUALIFYING PROPERTY IF THE QUALIFYING PROPERTY DOES NOT CONTAIN20 AN EXEMPT PARCEL.21 (2) Verification of nonprofit status. A SUBJECT JURISDICTION22 MAY REQUEST, AS PART OF AN INITIAL DEVELOPMENT APPLICATION, THAT23 A NONPROFIT ORGANIZATION WITH A DEMONSTRATED HISTORY OF24 PROVIDING AFFORDABLE HOUSING PROVIDE DOCUMENTATION THAT IT25 MEETS ANY ONE OF THE CRITERIA LISTED IN SECTION 29-35-502 (6). THE26 NONPROFIT ORGANIZATION SHALL PROVIDE THE REQUESTED27 1001-12- DOCUMENTATION BUT IS NOT REQUIRED TO PROVIDE DOCUMENTATION OF1 MORE THAN ONE OF THE CRITERIA LISTED IN SECTION 29-35-502 (6) TO BE2 VERIFIED BY THE SUBJECT JURISDICTION.3 (3) Subject jurisdiction administrative practices. NOTHING IN4 THIS SECTION PREVENTS A SUBJECT JURISDICTION FROM:5 (a) APPLYING AND ENFORCING INFRASTRUCTURE STANDARDS IN6 LOCAL LAW DURING THE ADMINISTRATIVE APPROVAL PROCESS, INCLUDING7 STANDARDS RELATED TO UTILITIES, TRANSPORTATION, OR PUBLIC WORKS8 CODES;9 (b) APPLYING AND ENFORCING A LOCALLY ADOPTED LIFE SAFETY10 CODE, INCLUDING A BUILDING, FIRE, WILDFIRE RESILIENCY, UTILITY, OR11 STORMWATER CODE;12 (c) APPLYING AND ENFORCING REGULATIONS RELATED TO HUMAN13 AND ENVIRONMENTAL HEALTH AND SAFETY, INCLUDING OIL AND GAS14 SETBACKS, FLOODPLAIN REGULATIONS, AND AIRPORT INFLUENCE AREAS;15 (d) ADOPTING GENERALLY APPLICABLE REQUIREMENTS FOR THE16 PAYMENT OF IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES IN17 ACCORDANCE WITH SECTION 29-20-104.5, OR THE MITIGATION OF IMPACTS18 IN ACCORDANCE WITH PART 2 OF ARTICLE 20 OF THIS TITLE 29;19 (e) REQUIRING A STATEMENT BY A WATER OR WASTEWATER20 SERVICE PROVIDER REGARDING THE PROVIDER'S CAPACITY TO SERVICE THE21 PROPERTY AS A CONDITION OF ALLOWING A RESIDENTIAL DEVELOPMENT;22 (f) APPLYING AND ENFORCING INCLUSIONARY ZONING23 ORDINANCES, DEED RESTRICTIONS, COMMUNITY BENEFIT AGREEMENTS,24 DEVELOPMENT AGREEMENTS, OR OTHER AFFORDABLE HOUSING POLICIES25 OR STANDARDS;26 (g) APPLYING STANDARDS TO ALLOW A RESIDENTIAL27 1001-13- DEVELOPMENT TO BE CONSTRUCTED ON A QUALIFYING PROPERTY WHEN1 SUCH RESIDENTIAL DEVELOPMENT COULD BE DISALLOWED BASED ON THE2 STANDARDS DESCRIBED IN SECTION 29-35-504 (1), OR OTHERWISE3 OFFERING AFFORDABLE HOUSING INCENTIVES TO DEVELOPERS;4 (h) ENACTING OR APPLYING A LOCAL LAW CONCERNING A5 SHORT-TERM RENTAL, AS THAT TERM IS DEFINED IN SECTION 29-35-4026 (19), OF A DWELLING UNIT ON A QUALIFYING PROPERTY;7 (i) EXERCISING THE SUBJECT JURISDICTION'S RIGHT OF FIRST8 REFUSAL IN ACCORDANCE WITH SECTION 29-4-1202; OR9 (j) APPLYING THE DESIGN STANDARDS AND PROCEDURES OF A10 HISTORIC DISTRICT TO A QUALIFYING PROPERTY THAT IS LOCATED IN A11 HISTORIC DISTRICT, INCLUDING A STANDARD OR PROCEDURE RELATED TO12 DEMOLITION.13 (4) School district administrative practices. NOTHING IN THIS14 SECTION PREVENTS A SCHOOL DISTRICT FROM CONSTRUCTING,15 PURCHASING, OR REMODELING A TEACHERAGE PURSUANT TO SECTION16 22-32-110 (1)(d), OR FROM USING ANY OF THE PROCESSES DESCRIBED IN17 SECTION 22-32-124 REGARDING BUILDINGS AND STRUCTURES.18 (5) Transferable development rights program. A SUBJECT19 JURISDICTION IS NOT REQUIRED TO ALLOW A RESIDENTIAL DEVELOPMENT20 ON A QUALIFYING PROPERTY IN ACCORDANCE WITH SUBSECTION (1) OF21 THIS SECTION IF THE SUBJECT JURISDICTION IMPLEMENTS A TRANSFERABLE22 DEVELOPMENT RIGHTS PROGRAM ON THE QUALIFYING PROPERTY, AND THE23 TRANSFERABLE DEVELOPMENT RIGHTS PROGRAM INCLUDES A POLICY FOR24 AFFORDABLE RESIDENT HOUSING THAT IS RESTRICTED IN OWNERSHIP AND25 OCCUPANCY IN PERPETUITY BY A DEED RESTRICTION, COVENANT, OR A26 MECHANISM PROVIDED IN SECTION 29-35-103 (16)(b).27 1001-14- (6) Bonus for affordable units. EACH UNIT IN A RESIDENTIAL1 DEVELOPMENT CONSTRUCTED ON A QUALIFYING PROPERTY IN2 ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION THAT MEETS THE3 DEFINITION OF AFFORDABLE HOUSING PURSUANT TO SECTION 29-32-1014 IS EQUIVALENT TO 1.1 NEWLY CONSTRUCTED AFFORDABLE HOUSING UNITS5 FOR THE PURPOSES OF SECTION 29-32-105 (1).6 29-35-504. Qualifying property requirements for a subject7 jurisdiction - allowable uses.8 (1) A SUBJECT JURISDICTION SHALL NOT:9 (a) DISALLOW CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT10 ON A QUALIFYING PROPERTY ON THE BASIS OF HEIGHT IF THE TALLEST11 STRUCTURE IN THE RESIDENTIAL DEVELOPMENT IS NO MORE THAN THREE12 STORIES OR FORTY-FIVE FEET TALL;13 (b) DISALLOW CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT14 ON A QUALIFYING PROPERTY ON THE BASIS OF HEIGHT IF THE TALLEST15 STRUCTURE IN THE RESIDENTIAL DEVELOPMENT COMPLIES WITH THE16 HEIGHT REQUIREMENTS:17 (I) OF THE ZONING DISTRICT IN WHICH THE RESIDENTIAL18 DEVELOPMENT WILL BE BUILT; OR19 (II) THAT APPLY TO ANY PARCEL ZONED FOR RESIDENTIAL USE20 THAT IS CONTIGUOUS TO THE QUALIFYING PROPERTY ON WHICH THE21 RESIDENTIAL DEVELOPMENT WILL BE BUILT;22 (c) DISALLOW CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT23 ON A QUALIFYING PROPERTY BASED ON THE NUMBER OF DWELLING UNITS24 THE RESIDENTIAL DEVELOPMENT WILL CONTAIN, EXCEPT IN ACCORDANCE25 WITH ONE OF THE STANDARDS LISTED IN SUBSECTION (1)(d) OF THIS26 SECTION; OR27 1001-15- (d) APPLY STANDARDS TO A RESIDENTIAL DEVELOPMENT ON A1 QUALIFYING PROPERTY THAT ARE MORE RESTRICTIVE THAN THE2 STANDARDS THAT THE SUBJECT JURISDICTION APPLIES TO SIMILAR3 HOUSING CONSTRUCTED WITHIN THE SUBJECT JURISDICTION, INCLUDING4 STANDARDS RELATED TO:5 (I) STRUCTURE SETBACKS FROM PROPERTY LINES;6 (II) LOT COVERAGE OR OPEN SPACE;7 (III) ON-SITE PARKING REQUIREMENTS;8 (IV) NUMBERS OF BEDROOMS IN A MULTIFAMILY RESIDENTIAL9 DEVELOPMENT;10 (V) ON-SITE LANDSCAPING, SCREENING, AND BUFFERING11 REQUIREMENTS;12 (VI) SOLAR ACCESS;13 (VII) MINIMUM DWELLING UNITS PER ACRE; OR14 (VIII) SETBACKS FROM OIL AND GAS FACILITIES AND OPERATIONS.15 (2) PROVIDED THAT THE USES ARE ALLOWED CONDITIONALLY OR16 BY RIGHT WITHIN THE ZONING DISTRICT IN WHICH A QUALIFYING PROPERTY17 IS LOCATED, A SUBJECT JURISDICTION SHALL ALLOW THE FOLLOWING USES18 IN A RESIDENTIAL DEVELOPMENT ON A QUALIFYING PROPERTY:19 (a) CHILD CARE; AND20 (b) THE PROVISION OF RECREATIONAL, SOCIAL, OR EDUCATIONAL21 SERVICES PROVIDED BY COMMUNITY ORGANIZATIONS FOR USE BY THE22 RESIDENTS OF THE RESIDENTIAL DEVELOPMENT AND THE SURROUNDING23 COMMUNITY.24 25 29-35-505. Authority of institutions of higher education26 preserved.27 1001-16- NOTHING IN THIS PART 5 IS INTENDED TO ABROGATE OR LIMIT THE1 AUTHORITY OF AN INSTITUTION OF HIGHER EDUCATION TO MAKE2 DECISIONS REGARDING THE USE OF OR DISPOSITION OF THE INSTITUTION'S3 PROPERTY, OR TO CREATE ADDITIONAL BUILDING CODE COMPLIANCE4 OBLIGATIONS FOR AN INSTITUTION OF HIGHER EDUCATION BEYOND THOSE5 ALREADY REQUIRED BY SECTION 24-30-1303.6 SECTION 4. Safety clause. The general assembly finds,7 determines, and declares that this act is necessary for the immediate8 preservation of the public peace, health, or safety or for appropriations for9 the support and maintenance of the departments of the state and state10 institutions.11 1001-17- ITEM NO. 2 Memorandum TO: Mayor and City Council FROM: Patrick Goff, City Manager DATE: March 2, 2026 SUBJECT: Municipal Bonds ISSUE: The City of Wheat Ridge utilizes several municipal bond programs to fund major capital improvements, infrastructure modernization, and strategic redevelopment activities. As the City continues to manage long‑term financial obligations associated with these bond issuances, it is important for City Council to have a clear and current understanding of each program’s purpose, funding structure, revenue source, and projected payoff timeline. This memo provides an overview of the City’s municipal bond portfolio, including voter‑approved bonds and tax‑increment‑financed (TIF) urban renewal bonds. In addition, Piper Sandler, the City’s bond underwriter, will provide an update of the current bond market. PRIOR ACTION: City Council has received periodic updates on the status of the City’s municipal bond programs through budget presentations, financial reports, and project‑specific briefings. The 2E and 2J programs were originally approved by Wheat Ridge voters in 2016 and 2023, respectively, authorizing both the associated sales‑tax measures and the issuance of bonds to fund priority capital improvements. The Urban Renewal Authority (URA) has separately taken formal action in 2021 to authorize TIF‑backed bond issuances related to ongoing redevelopment initiatives. FINANCIAL IMPACT: NA BACKGROUND: Municipal bonds are one of the primary tools available to the City of Wheat Ridge for financing major capital improvements, infrastructure projects, and community investments that exceed the capacity of annual operating revenues. Like most local governments in Colorado, Wheat Ridge utilizes municipal bonds to spread the cost of long-lived public assets over the period in which residents and businesses benefit from them. Study Session Memo – Municipal Bonds March 2, 2026 Page 2 Why Municipal Bonds Matter to Wheat Ridge Municipal bonds allow the City to: • Address critical infrastructure needs without placing the full cost on a single year’s budget. • Take advantage of favorable interest rate environments. • Advance voter-approved projects on predictable timelines. • Support redevelopment and economic revitalization where upfront investment is needed. Because Wheat Ridge is a built-out, mature community with aging infrastructure, bonding remains an essential financial tool for maintaining service levels and supporting strategic growth. Current Municipal Debt Context Wheat Ridge maintains a moderate and manageable debt profile relative to comparable Colorado municipalities. The City has been strategic in limiting long-term obligations and aligning debt issuance with Council-adopted capital investment priorities. Existing debt service is incorporated into the long-range financial plan and remains within City policy limits. In recent years, the City has used bonds to advance major community priorities such as transportation improvements, parks and recreation upgrades, and economic redevelopment efforts. As legacy debt is retired, Wheat Ridge’s capacity for future bonding improves, although all new debt must continue to align with TABOR requirements and the City’s overall fiscal strategy. Investing for the Future 2E Bond The 2E Bond was established following voter approval in the 2016 election, which authorized a temporary 0.5% sales and use tax increase that went into effect on January 1, 2017. This initiative was designed to fund a specific list of critical infrastructure projects with a funding cap of $38.5 million. On May 2, 2017, the City issued $30,595,000 Sales and Use Tax Revenue Bonds, Series 2017A. Interest accrued on the bonds at rates ranging from 3% to 5% per annum. The bonds were payable solely from revenues generated by the 0.5% sales and use tax reported in the Investing 4 the Future Fund. During the year ended December 31, 2024, the bonds were advance refunded in full. The 2E Bond successfully funded major developments including the Wadsworth Improvement Project, the modernization of Anderson Park, transportation infrastructure Study Session Memo – Municipal Bonds March 2, 2026 Page 3 improvements for the Clear Creek Crossing development, and transportation enhancements near the Ward Commuter Rail Station. Next Chapter 2J Bond Building on the success of 2E, residents overwhelmingly approved ballot measure 2J in November 2023 with 70% support. This measure extended the existing 0.5% sales and use tax to fund $75 million in new infrastructure investments. The bond focuses on four primary areas: multi-modal transportation, critical corridor upgrades, sidewalk expansions, and emergency stormwater repairs. To maximize impact and secure the best interest rates, the City waited until October 2024 to issue these bonds. On October 10, 2024, the City issued $34,845,000 Sales and Use Tax Refunding and Improvement Bonds, Series 2024. Interest accrues on the bonds at a 5% interest rate per annum. This leaves an additional $40 million in bond capacity which staff estimates we will issue in 2027. Remaining debt service at December 31, 2025, is as follows: Year Principal Interest Total 2026 $3,455,000 $1,586,500 $5,041,500 2027 $1,250,000 $1,413,750 $2,663,750 2028 $1,140,000 $1,350,750 $2,490,750 2029 $1,200,000 $1,293,750 $2,493,750 2030-2043 $24,685,000 $10,223,750 $34,908,750 Total $31,730,000 $15,868,500 $47,598,500 Urban Renewal Authority (URA) Bonds The Wheat Ridge Urban Renewal Authority (operating as Renewal Wheat Ridge) utilizes Tax Increment Revenue Bonds to facilitate redevelopment in specific blighted or underutilized areas. Unlike general city bonds, these are typically repaid using the "incremental" property tax revenue generated by the new developments they support. On November 9, 2021, the Authority issued the Series 2021 Tax Increment Revenue Refunding and Improvement Bonds for $42,105,000 along with a premium of Study Session Memo – Municipal Bonds March 2, 2026 Page 4 $8,198,367, to refund the 2018 loan agreement and to finance various street improvements. Interest accrues on the bonds at a 4% interest rate per annum. The URA Bond funds capital projects within the I-70/Kipling Corridors Urban Renewal Plan Area. Projects have included Youngfield Corridor Aesthetics, Gold’s Marketplace, American Motel, Wheat Ridge Recreation Center, CCC Bus Terminal, Youngfield bridge and sidewalk, 32nd Avenue Bike Lanes, 44th and Eldridge traffic signal and Clear Creek Crossing development. Future debt service on the Series 2021 bonds is as follows: Year Principal Interest Total 2026 $865,000 $1,684,100 $2,549,100 2027 $975,000 $1,649,500 $2,624,500 2028 $1,900,000 $1,610,500 $3,510,500 2029 $1,995,000 $1,515,500 $3,510,500 2030-2034 $12,365,000 $6,006,850 $18,371,850 2035-2039 $16,920,000 $3,098,400 $20,018,400 2040 $5,000,000 $200,000 $5,200,000 Total $40,020,000 $15,794,450 $55,784,850 Key Considerations for Council When evaluating potential future bond issuance, Council should review. • The City’s available bonding capacity and financial policies. Charter Section 12.7 limits the bonding capacity to three percent of the actual valuation of the taxable property within the city. • Revenue stability for any pledged sources. • Impacts on taxpayers for bonds requiring voter approval. • Project readiness, long-term operational impacts, and community priorities. • Alignment with the strategic plan and the Capital Improvement Program (CIP). ATTACHMENTS: 1. Piper Sandler Presentation pipersandler.com |1 City of Wheat Ridge Financing & Market Update March 2, 2026 Robyn Moore MANAGING DIRECTOR (303)405-0845 robyn.moore@psc.com Andrew Ma ASSISTANT VICE PRESIDENT (303)405-0852 andrew.ma@psc.com ATTACHMENT 1 pipersandler.com | 2 The City’s Outstanding Debt •Wheat Ridge currently has two outstanding debt issuance, one City issuance and one URA issuance. Issuance Amount Outstanding Final Maturity Tax Increment Revenue Bonds, Series 2021 $40,020,000 12/1/2040 Sales & Use Tax Revenue Bonds, Series 2024 $31,730,000 12/1/2043 Outstanding Issuances $0 $1 $2 $3 $4 $5 $6 Mi l l i o n s Series 2021 Repayment Schedule Principal Interest $0 $1 $2 $3 $4 $5 $6 Mi l l i o n s Series 2024 Repayment Schedule Principal Interest pipersandler.com | 3 Financing Options Available to the City •Colorado municipalities have several financing options available to fund large capital projects: •Certificates of Participation (COPs) – does not require a bond election; subject to annual appropriation; can be repaid from any legally available revenues. •Sales & Use Tax Revenue Bonds – requires a bond election; the City still has $40,155,000 of bond authorization from its 2023 election (measure 2J). •General Obligation (GO) Bonds – requires a bond election; uncommon choice as property tax increases are not popular among voters. •How will the bonds or COPs be repaid? •Sales & Use Tax Revenue Bonds and GO Bonds are repaid directly from a tax stream. •COPs provide flexibility regarding which revenues the City can use for repayment. Options include: •Use an existing revenue stream (sales tax, property tax, combination, etc.) for repayment. •Elect a new revenue stream (but not debt) such as a new or extension of a sales tax or property tax – this is an increasingly popular choice. pipersandler.com | 4 Financing Options Available to the City (cont.) Larimer County – $110,000,000 Certificates of Participation, Series 2025A&B •Passed a 0.15% sales and use tax for its fairgrounds in 1999 that was extended in 2017. •Piper Sandler helped the County underwrite COPs for fairgrounds improvements which will be repaid from this sales and use tax revenue stream. •The COPs will mature in 2039, aligning with the sunset of the tax. Fort Morgan – (Anticipated) ~$32,000,000 Certificates of Participation, Series 2026 •The City passed a 1.25% sales and use tax to fund the construction and operation of a new indoor aquatic facility. •Tax revenues will be used to repay COPs over 30 years. After the COPs mature, the sales and use tax will step down to a rate of 1.00% to continue funding operations. Feature COPs Sales Tax Revenue Bonds GO Bonds Does Not Require a Bond Election ✓ Payable from Any Legal Revenues ✓ Does Not Require Collateral ✓✓ Lowest Borrowing Cost ✓ Subject to Annual Appropriation ✓ Debt Instrument Comparison pipersandler.com | 5 Credit Rating Overview •The interest rate earned on the City’s debt is derived from: •Market conditions when the bonds or COPs are priced. •The credit rating of the bonds or COPs. •The City’s Sales & Use Tax Revenue Bonds, Series 2024 earned a strong AA- rating from S&P due to Wheat Ridge’s favorable economics, demographics and financial responsibility. •Credit enhancement will be considered if economically beneficial for the City. pipersandler.com | 6 30-Yr Tax -Exempt (MMD) & Taxable (TSY) Interest Rates Over Time 1. Source: TM3 and Treasury Data. As of 2/23/2026. 0.00% 1.00% 2.00% 3.00% 4.00% 5.00% 6.00% 7.00% 8.00% 9.00% 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 30 Yr MMD 30 Yr TSY 30 Yr MMD 10 year Average 30 Yr TSY 10 year Average 30 Y r M M D : 4 . 2 3 % 30 Y r T S Y : 4 . 7 2 % 3.00 3.25 3.50 3.75 4.00 4.25 4.50 4.75 5.00 5.25 Jul-2025 Aug-2025 Sep-2025 Oct-2025 Nov-2025 Dec-2025 Jan-2026 Feb-2026 7/18/25 – 4.77% 10/24/25 – 4.10% pipersandler.com | 7 Federal Reserve Expectations •The market is currently pricing in up to two 25 bp rate cuts through the end of 2026. •In anticipation of the end of Fed Chair Jerome Powell’s term in May, President Trump has announced plans to nominate Kevin Warsh as his successor. It is expected that the President’s nominee will push for a lower interest rate environment. •The current expectation is for an economic slowdown which has historically been favorable for the municipal bond market as investors flock to safer, fixed income investments. 1. Source: Bloomberg. As of 2/23/2026. Market Expectations for Future Rate Targets1 0.00% 1.00% 2.00% 3.00% 4.00% 5.00% 6.00% -9 -8 -7 -6 -5 -4 -3 -2 -1 0 3/18/26 4/29/26 6/17/26 7/29/26 9/16/26 10/28/26 12/9/26 1/27/27 3/17/27 4/28/27 6/9/27 Im p l i e d P o l i c y R a t e ( % ) Im p l i e d H i k e s ( L e f t A x i s ) Fed Meeting Date #Hikes/Cuts Implied Rate Fed Fund futures are currently pricing 2 rate cuts in 2026 pipersandler.com | 8 Disclosure Piper Sandler is providing the information contained herein for discussion purposes only in anticipation of being engaged to serve as underwriter or placement agent on a future transaction and not as a financial advisor or municipal advisor. In providing the information contained herein, Piper Sandler is not recommending an action to you and the information provided herein is not intended to be and should not be construed as a “recommendation” or “advice” within the meaning of Section 15B of the Securities Exchange Act of 1934. Piper Sandler is not acting as an advisor to you and does not owe a fiduciary duty pursuant to Section 15B of the Exchange Act or under any state law to you with respect to the information and material contained in this communication. As an underwriter or placement agent, Piper Sandler’s primary role is to purchase or arrange for the placement of securities with a view to distribution in an arm’s-length commercial transaction, is acting for its own interests and has financial and other interests that differ from your interests. You should discuss any information and material contained in this communication with any and all internal or external advisors and experts that you deem appropriate before acting on this information or material. The information contained herein may include hypothetical interest rates or interest rate savings for a potential refunding. 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ITEM NO. 3 Memorandum TO: Mayor and Council THROUGH: Patrick Goff, City Manager FROM: Marianne Schilling, Deputy City Manager DATE: March 2, 2026 SUBJECT: Wadsworth Business Grant Program ISSUE: Consensus was reached by City Council at the February 23, 2026 Council Meeting to add a discussion to the March 2nd study session concerning a second round of the Wadsworth Business Grant Program. PRIOR ACTION: City Council approved $120,000 for the Wheat Ridge Business District (WRBD) in the 2026 Adopted Budget; $75,000 for the Wadsworth Business Grant Program and $45,000 for the matching grants program. FINANCIAL IMPACT: Diverting $45,000 from the WRBD matching grants program for a second round of the Wadsworth Grant Program would have no impact to the budget. Otherwise, a supplemental budget appropriation would be required from General Fund undesignated reserves to fund a second round of the Wadsworth Business Grant Program. BACKGROUND: The Wheat Ridge Business District was formed in a joint partnership between local business owners and the City of Wheat Ridge in 2002 to help revitalize 38th Avenue. The effort was expanded in 2005 to serve businesses throughout the City of Wheat Ridge. The WRBD has administered several grant programs for Wheat Ridge businesses. As part of the 2026 Budget, $120,000 was designated for the WRBD: • $75,000 for the Wadsworth Business Grant Program • $45,000 for the matching grants program RECOMMENDATIONS: Staff are seeking direction from City Council regarding funding for a second round of the Wadsworth Business Grant Program.